When it comes to estate planning, unmarried couples face challenges that many people don’t realise exist. Despite growing numbers of people choosing to cohabit long‑term, the law in England and Wales has not kept pace. Without the legal safeguards enjoyed by married couples or civil partners, unmarried partners are often left financially vulnerable during their lifetime and if one of them dies.
Stephanie Newton in our family team and Stephanie Scullion in our Wills and Estate Planning Team explore the key issues and the practical steps unmarried couples can take.
The legal position of unmarried couples
A common misconception is that living together automatically creates rights similar to those of a spouse. Unfortunately, there is no such thing as a “common‑law marriage” in the UK. Cohabiting partners do not have automatic rights to inherit, access pensions, or deal with a partner’s estate.
Married couples benefit from legal protections and inheritance rights under the Intestacy Rules. Unmarried partners do not. Their only potential avenue of support is through a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which can be stressful, costly, and uncertain.
In the event of a separation, the assets largely up for consideration are joint assets. Where one party to the relationship holds assets in their sole name, it is only possible for the other party to make claim to this if they can establish that a trust exists.
In short, the law does not currently support unmarried couples on separation to make any financial claims (except for joint property and those limited to matters of the parties’ children) however there is a strong movement seeking change in this area.
Intestacy Rules: What happens without a Will?
If someone dies without a Will, the estate is distributed according to the Intestacy Rules. Who inherits depends on which family members have survived the deceased such as a spouse, children or parents. Unmarried partners are not included within the Intestacy Rules, regardless of how long the couple have lived together.
This is likely to result in tragic outcomes which may include:
- The surviving partner receiving nothing from the estate.
- A partner potentially losing their home if it was owned solely by the deceased.
- The survivor having to bring a legal claim to secure financial support.
Imagine a couple who have lived together for 20 years, but the family home is in one partner’s name. If that partner dies intestate, the property will pass to their children or relatives. The surviving partner has no automatic right to remain in the home and may need to pursue legal action to avoid being forced out.
Why Wills are essential for unmarried couples
A Will is the most straightforward way to ensure your partner is protected. It allows you to:
- Leave assets, property, or specific gifts to protect your partner.
- Appoint executors you trust.
- Set out guardianship arrangements for children.
- Reduces the risk of disputes or claims.
Without a Will, your partner’s financial security depends entirely on family goodwill or the courts—neither of which should be relied upon and rarely give the desired outcome if the deceased had made such plans during their lifetime.
Trusts: Flexible protection for Partners
Trusts can be a particularly powerful tool for unmarried couples, especially where family circumstances are complicated.
Benefits of trusts
- Provide lifetime security (e.g. allowing a partner to live in the home for the rest of their life).
- Guarantee that children inherit in the long term, which is particularly relevant if you have a blended family.
- Avoid disputes between partners and family members.
There are a number of different types of trust and it will entirely depend on your own situation as to which will be appropriate – seeking professional advice as to your particular family set up will be crucial to ensuring that the appropriate protection is put in place.
Cohabitation agreements: Clarifying intentions
A cohabitation agreement is a document that sets out how property, finances, and responsibilities are managed during the relationship and if it ends. Whilst cohabitation agreements are not legally binding, they demonstrate the intention of the parties at the time of signing the agreement which can help with:
- Establishing who owns what.
- Clarifying financial contributions.
- Setting out intentions for property and assets.
- Reducing conflict both during life and after death.
Although they don’t replace a Will, cohabitation agreements form a helpful part of a wider estate planning strategy and can reflect what should happen in the event of a separation.
Don’t leave yourself or your partner vulnerable – Estate planning for unmarried couples
Being unmarried leaves couples without the protection afforded to those married couples under various legislation – whether this relates to relationship break down or after a partner has died.
Taking professional legal advice ensures your intentions are clear, your partner is secure, and your estate passes in the way you intend. Our dedicated Family and Wills and Estate Planning Teams would be happy to assist you.
If you need advice regarding a Cohabitation Agreement or any other family law matter, please contact Stephanie Newton. If you require advice about making a Will or estate planning please contact Stephanie Scullion.