Do Unmarried Couples Need a Will?

This question can be answered very simply and quickly; yes.

This article will explain why, and what you should think about when writing your Will.

There is a persistent and dangerous misconception that long‑term partners who live together acquire the same legal rights as married couples, but this so‑called “common law marriage” does not exist in England and Wales. No matter how many years a couple has lived together, cohabiting partners have no automatic rights to inherit, no spousal tax exemptions, and no legal protection on death unless they have made valid Wills or formal arrangements.

Without proper planning, a surviving partner may receive nothing, making it essential for unmarried couples to put robust estate planning in place.

The Laws of Intestacy

The first thing to note is that if a person dies without a valid Will in place, whether married or not, the distribution of their estate will be determined by the Laws of Intestacy. This a statutory scheme that decides who inherits and there is no discretion to follow personal wishes.

Given that the concept of common law marriage is not recognised by the UK government the Laws of Intestacy make no provision for unmarried partners or stepchildren.

Under the Inheritance (Provision for Family and Dependants) Act 1975 the surviving partner does have the option to make a legal claim for inheritance, but this process can take a long time and be very expensive. There are various things you must prove, like long-term cohabitation, financial dependence and that you have generally been living as a married couple would. Making a claim also pauses the probate process, which means nothing in the estate can be handled until the claim is settled. This can make an already emotional time more stressful and overwhelming for your loved ones and there is no guarantee such a claim would be successful.

Allocation of Assets

As noted, without a Will you have zero say in who inherits what. If you’ve been with your partner for a long time and your financial lives are intertwined, not having a Will can mean their ability to pay bills, buy food and care for children can be severely compromised. If you’ve been building a life together, not having a Will takes the remains of that life out of their control. This might be particularly true when it comes to any property that sits in the deceased person’s estate.

Should the deceased partner be the sole owner of the home you’ve lived in together, the home will then become the property of their family, as per the Laws of Intestacy. This means the remaining partner is at the mercy of those who inherit the house as to whether or not they can continue to live there. Even if the surviving partner has been contributing to the mortgage, they have no guaranteed right to any part of the value of the property and would be required to make a claim against the estate to receive any. The cost of a claim could end up being equal to, or greater than, the amount of money they have paid towards the house or would inherit should the claim be successful. Therefore, it is very important to consider how the home is owned.

Joint Tenants vs Tenants in Common

When a property is owned with another person or people, there are two ways this agreement is structured and for unmarried couples this is particularly important.

The first option is Joint Tenants. Under this type of ownership, both owners own all of the property together. Therefore, upon death, the surviving person will be the sole owner of the property. This is regardless of what provisions are contained in the deceased person’s Will.

The other option is Tenants in Common where you each own a set percentage of the property. It is most often a 50/50 split but it does not have to be. When a house is owned in this way, your Will then dictates who inherits your share. It might be that you want to leave it to your children but allow your partner to remain in the house for a period of time. You can do this with either the “right to reside” (also called “right to occupy”) or by setting up a life interest trust. They both provide the surviving partner with the ability to stay in the house, though there is nuance around the two options.

What About Step Children?

As mentioned earlier, the Laws of Intestacy do not include any provisions for stepchildren, unless they have been formally adopted. Though they are also able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, the burden of proof a stepchild must reach to win that claim is perhaps more complex than what an unmarried partner would have to do. If you have stepchildren in your life that you’ve raised, provided for, loved and want to look after once your life has finished, a Will is a necessity.

Writing Your Will

When it comes to writing your Will, it is always best to speak with an experienced Will Writer. A professionally drafted Will provides clarity, legal validity, and long‑term protection that DIY or template Wills simply cannot match. A trained Will writer ensures your instructions are unambiguous and fully compliant with current legislation, while also safeguarding vulnerable beneficiaries, preserving reliefs such as the Residence Nil‑Rate Band, and preventing accidental disinheritance or disputes. They check how your assets are owned, tailor trusts and guardianship provisions to your circumstances, and future‑proof the document so it continues to work as life changes. In short, professional drafting gives you a Will that is secure, precise, and designed to protect your family when it matters most.

Article by Keith Flashman
Will Writer