Unmarried Partners

Unmarried Partners and Intestacy Rules

In England and Wales, unmarried partners, sometimes referred to as "cohabiting partners," do not have automatic rights to inherit under the intestacy rules. This applies regardless of how long the couple may have lived together or whether they have children together.

If one partner in an unmarried couple dies without a valid Will, the surviving partner will not be entitled to any part of the deceased partner’s estate under the intestacy rules. This can lead to significant financial hardship, especially if the couple shared a home or had children together.

Options for Unmarried Partners:

• Making a Will: Unmarried partners can protect each other by making a Will, specifying that the surviving partner should inherit some or all of the estate.
• Inheritance (Provision for Family and Dependants) Act 1975: If an unmarried partner is not provided for under the intestacy rules, they may be able to make a claim under this Act. This allows certain people, including cohabiting partners who lived with the deceased for at least two years before their death, to apply to the court for reasonable financial provision from the estate.

However, this legal process can be complex, costly, and uncertain, so making a Will is the best way to ensure that your partner is provided for.