For the millions of cohabiting couples in England and Wales, the assumption that a surviving partner will “automatically inherit” is not just risky — it is legally incorrect. Despite the rise of long‑term cohabitation, the law has not kept pace with modern family structures, and the rules of intestacy (which apply where one passes away without a valid Will) still exclude unmarried partners entirely.
This article explains how the law works, why cohabiting couples are particularly vulnerable, and what steps can be taken to avoid serious financial and personal consequences.
- The Myth of the “Common Law Partner”
A significant number of people still believe that living together for a certain number of years creates rights similar to marriage. It doesn’t. In England and Wales, “common law marriage” has no legal recognition and unmarried partners receive nothing under intestacy rules, even if you have lived together for decades, raised children, or own a home together, you are treated as legal strangers under intestacy law.
We are not encouraging you to have a civil union or marry your partner if you do not wish to, we instead wish merely to highlight what steps can be taken so that your testamentary wishes reflect your current familial circumstances.
- How the Intestacy Rules Work
When someone dies without a Will, their estate follows a strict hierarchy governed by statute The law does not consider personal relationships, financial dependence, or emotional ties at all.
The estate passes in the following order:
Spouse or civil partner → children → parents → siblings → extended family → the Crown. Unmarried partners do not appear anywhere on this list.
Although one may deem that a Will is not necessary where they are married and intend to leave everything to their partner and then to their children, steps should still be taken to produce a Will to reflect these wishes – this will be covered in more detail in a later blog post.
This means that if an unmarried person (which may include those couples who have married via religious ceremonies only) dies intestate:
- Their partner inherits nothing owned solely by the deceased — not the home, not savings, not personal possessions.
- Children, parents, or even distant relatives may inherit instead, irrespective of how close the deceased was with these relatives.
- If no relatives exist, everything passes to the Crown.
- Financial Hardship & Emotional Impact
The consequences can be severe and immediate. Situations frequently include:
- Loss of the family home
- No access to savings or pensions
- Eviction by legal beneficiaries
- Costly legal claims to secure any support
Many unmarried partners only discover this legal gap after suffering a bereavement, compounding an already devastating situation. By taking action now and drafting a Will, couples will have taken the steps to safeguard themselves and each other in bereavement.
Conclusion
Unmarried partners in England and Wales have no rights under the rules of intestacy, regardless of how long they have lived together or how intertwined their lives may be. Without a valid Will, surviving partners may face losing their home, assets, or financial security.
The solution is simple but essential: make a Will, review ownership structures, and ensure your wishes are documented. It is the only way to protect the person you share your life with.
If you wish to create a Will and would like our assistance in doing so, you are welcome to contacting one of our three offices whose details are below:
- Saffron Walden: 01799 523 441
- Sawston: 01223 832 939
- Haverhill: 01440 702 485
Jonathan Povey qualified as a solicitor via the SQE route in November 2024 and joined Adams Harrison as a solicitor in January 2025. He has been working in Private Client work since April 2023 and has had extensive exposure to and experience with Wills (including Trusts created in Wills) and Lasting Powers of Attorney. He can also deal with Probate and the administration of estates. Jonathan works mainly in the Saffron Walden office but is available for meetings in the Sawston office, the Haverhill office, home and hospital visits, or remotely via telephone or online meetings. Jonathan is committed to growing his knowledge and understanding in the field and is driven by a desire to help those in difficult times and also to assist those planning how best to provide for their loved ones in years to come.
Hobbies and Interests: Outside of Work, Jonathan regularly attends the gym and enjoys spending time with his young family and cat.
