Can an Unmarried Partner Inherit If There’s No Will?
Why there is no such thing as a common law spouse
Cohabiting partner inheritance rights are often misunderstood because simply living together, however long the relationship lasts, does not create the same legal status as marriage or civil partnership. The common law spouse myth can leave couples assuming they have legal protection that the law does not actually give them.
What happens under intestacy rules
If your partner has made a will leaving property or money to you, you can inherit under its terms. A will can also make provision for children and other family members.
The position is different if your partner dies without a valid will. Their estate is then divided according to the intestacy rules. These provide for spouses, civil partners and certain relatives, but as an unmarried partner, you do not automatically inherit just because you were in a long-term relationship.
This can come as a shock if you have built a life together, shared a home, raised children or combined your finances much as a married couple might. Without the legal framework of marriage or civil partnership, your position can be much less secure than you expected. Depending on how your home and other assets were owned, that can leave you facing serious financial uncertainty at the same time as dealing with a bereavement. The people who do inherit are under no obligation to give you a share, however unfair the outcome may feel.
Depending on the circumstances, you may have separate rights relating to property or other assets. You may also be able to make a claim under the Inheritance Act.
How the Inheritance Act can help cohabiting partners
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to ask the court for financial provision from an estate, even if a will or the intestacy rules leave them with nothing or an insufficient amount.
Can an unmarried partner make an Inheritance Act claim?
There are two possible routes that may apply to you. The first is if you lived in the same household as your partner, as a couple, for the two years immediately before their death.
You may also qualify if your partner was supporting you financially when they died. This could include regularly paying towards your rent or mortgage, household bills or other day-to-day living costs.
What if you lived apart before your partner died?
Spending some time apart does not necessarily mean you will fail the two-year test.
For example, in Gully v Dix [2004], a woman had moved out shortly before her partner died after they had lived together for many years. The Court of Appeal found that the separation was temporary rather than the end of their shared household, so she still met the legal test.
What matters is whether the separation was temporary or whether the relationship had actually ended. If you had only started living together shortly before your partner died, you are also unlikely to meet the two-year requirement. However, you may still be able to claim if you were being maintained by the deceased.
What could a cohabiting partner receive from an Inheritance Act claim?
Each claim is considered on its own merits. A successful claim does not put a cohabiting partner in the same position as a spouse or civil partner.
The court can award reasonable financial provision for your maintenance, but there is no fixed amount you will receive. It will look at the circumstances of the case, including your financial needs and resources, the deceased’s responsibilities towards you and the size of the estate.
What evidence supports a cohabitee claim
A cohabitee Inheritance Act claim depends on being able to show the nature of your relationship and how you supported yourselves financially. What you need to show will depend on whether your claim is based on the two-year cohabitation route, maintenance by the person who died, or whether both apply to your circumstances.
Useful evidence may include:
- Utility bills, tenancy agreements or mortgage documents showing a shared home
- Bank statements showing shared expenses, joint accounts or regular financial support
- Photographs, social media posts or event invitations that show you were a couple
- Statements from friends, relatives or neighbours, or records from professionals, that help show your living arrangements
- Records of childcare, caring responsibilities or day-to-day household contributions
You usually need to bring an Inheritance Act claim within six months of the grant of probate or letters of administration. The court may still allow a late claim, but there is no guarantee that it will. It is better to get advice early rather than wait and see.
One to watch: possible changes in the law for unmarried couples
In June 2026, the Government published its A Fairer End to Relationships consultation, which includes proposals to give qualifying cohabitants automatic inheritance rights when a partner dies without a valid will. These proposals are not yet law, so for now unmarried couples still have no automatic right to inherit under the intestacy rules.