Published on: 15th September 2025

Unmarried Couples & Intestacy

When an unmarried couple faces intestacy—meaning one partner dies without a valid Will—the surviving partner generally has no automatic legal right to inherit under intestacy rules, no matter how long they’ve been together.

Here’s a breakdown of how this plays out in England and Wales:

What Happens Under Intestacy Rules?

If someone dies intestate their estate is distributed, in a strict order, to their next of kin;

1. Spouse or civil partner.
2. Children.
3. Parents.
4. Siblings.
5. More distant relatives.

Unmarried partners are not on this list.

So, if an unmarried person dies intestate;

• Their partner gets nothing, legally.
• The estate may go to children, parents or even distant relatives instead.

What Can This Mean in Practice?

• The surviving partner might lose the family home if it's not in their name.
• They might not inherit personal possessions, savings or pensions.
• They could even be evicted by the legal beneficiaries.

What Can Unmarried Couples Do to Protect Themselves?

1. Make a Will – This is the most important step.
2. Joint Ownership – Own property as joint tenants to ensure survivorship.
3. Declarations of Trust – For property with unequal contributions.
4. Life Insurance – Ensure the partner is the named beneficiary.
5. Pensions – Nominate your partner to receive death benefits.
6. Cohabitation Agreement – Sets out rights and financial arrangements.

Can the Surviving Partner Make a Claim?

Yes. Under the Inheritance (Provision for Family and Dependants) Act 1975, an unmarried partner can make a claim if;

• They can prove they were financially dependent on the deceased.
• They lived together as a couple for at least two years before the death.

But this requires a court process, and success isn’t guaranteed.

If you would like to speak with one of our Consultants to discuss any of the issues raised in this article or any other Estate Planning topic please telephone 01732 868190 or click here.

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