Your Partner Died Without a Will — What Happens If You Weren't Married?

Do I have a right to inherit if my partner died without a will and we weren't married?

1Under the rules of intestacy in England and Wales, unmarried partners have no automatic right to inherit — regardless of how long you lived together
2Everything passes to the deceased's closest relatives — children first, then parents, then siblings
3This can happen even if you shared a home, had children together, or were together for decades
4You may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975
5Acting quickly is important — court claims must usually be brought within 6 months of a grant of probate

No — not automatically. Under the rules of intestacy in England and Wales, an unmarried partner has no legal right to inherit anything from their partner's estate, regardless of how long they were together. This is one of the most significant legal gaps faced by cohabiting couples — and it can have devastating consequences if the surviving partner is not aware of it. This guide explains exactly what the rules mean and what options are available to you.

What “dying intestate” means

Someone dies intestate when they die without a valid will, or when their will does not cover all of their estate. In that situation, the distribution of the estate is governed by the rules of intestacy — set out in the Administration of Estates Act 1925, updated most recently by the Inheritance and Trustees' Powers Act 2014.

These rules set out a strict order of who inherits, based purely on legal relationship — not on the nature of the personal relationship, how long a couple lived together, or any informal arrangements.

Who inherits under the intestacy rules?

The intestacy rules follow a fixed order of priority:

Priority	Who inherits	What they receive
1st	Spouse or civil partner	All personal belongings, plus £322,000 (the statutory legacy), plus half of any remainder. Children receive the other half.
2nd	Children (if no spouse)	The entire estate, split equally
3rd	Parents	Entire estate if no spouse or children survive
4th	Siblings	As above, further down the priority order
—	Unmarried partner	Nothing. Unmarried partners do not appear in the intestacy order at any point.

If there is no spouse and no children, the estate passes to the deceased's parents. If the parents have died, it goes to siblings, then nieces and nephews, then grandparents — all before any unmarried partner.

How long you lived together makes no difference

This is perhaps the most important point for cohabiting couples to understand: the length of the relationship is legally irrelevant under the intestacy rules. Whether you had been together for 2 years or 30 years makes no difference to your legal entitlement under intestacy.

There is no such thing as a “common law marriage” in England and Wales. This term has no legal status. A long-term cohabiting partner has no more automatic legal right to inherit than a stranger.

Even if you share a home: if the property was in your partner's sole name, it forms part of the estate and passes under the intestacy rules — potentially to relatives who are legally entitled to it. You could lose the right to live in your home.

What you can do — practical steps now

If your partner died without a will, there are several things to do immediately:

Check whether there is a will.Sometimes wills exist that have not yet been found. Check all the deceased's papers, safe, solicitor, and the National Will Register (if they registered it).
Check how property was owned. If you and your partner owned property as joint tenants (rather than tenants in common), the property passes to you automatically by survivorship — outside the estate entirely. Check the Land Registry or your mortgage documents.
Act quickly on any potential claim. If you want to make a claim under the Inheritance Act, you must usually do so within 6 months of the grant of probate being issued. Do not wait.
Seek legal advice immediately. This is a situation where specialist legal advice is essential — the time limits are strict and the rules are complex.

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Making a claim under the Inheritance Act 1975

Unmarried partners who lived with the deceased for at least 2 years immediately before the death can apply to a court for “reasonable financial provision” from the estate under the Inheritance (Provision for Family and Dependants) Act 1975.

This is not an automatic right — it is a court application, and the court has discretion over whether to make an order and how much to award. The court will consider:

Your financial needs and resources
Your contribution to the relationship and household
The size and nature of the estate
Any obligations the deceased had to others (e.g. children)
Any other circumstances the court considers relevant

Key time limit: the claim must normally be brought within 6 months of the grant of probate or letters of administration being issued. The court can allow late claims in exceptional circumstances, but this is not guaranteed. Act without delay.

For more on this, see our guide on contentious probate and on the intestacy rules in England and Wales.

What if you had children together?

Your children will inherit under the intestacy rules — children are the second priority group after a spouse or civil partner. If the deceased had no spouse or civil partner, the children inherit the entire estate, split equally.

However, as the surviving parent, you do not automatically inherit anything. You may be living with children who have inherited assets you need access to — for example, a half-share of the family home. This can create extremely difficult practical situations.

If children are under 18, their share of the estate will be held on trust and managed by the court-appointed administrator until they reach 18. The surviving parent may be appointed as the administrator, but this requires an application to the court.

Protecting yourself — what to do going forward

If you are in a relationship but not married, the single most important step you can take is to make a will — and to encourage your partner to do the same. A valid will overrides the intestacy rules entirely. You can leave your entire estate to your partner regardless of marital status.

You should also consider:

Owning property as joint tenants. If you and your partner own property as joint tenants with right of survivorship, the property passes to the surviving partner automatically on death — outside the estate and outside the intestacy rules. This does not require a will, but it must be specifically set up (the default when buying together may be tenants in common).
Reviewing beneficiary nominations on pensions. Pension death benefits are generally outside the estate; by nominating your partner on the pension nomination form, they can receive the pension regardless of intestacy.
Life insurance with your partner as beneficiary. Life insurance held in trust is also outside the estate.

Sorting out an intestate estate is one of the hardest situations. Farra helps you understand what is owed to whom and manage every step of the process — get started here.