Intestacy Rules for Unmarried Partners: Why You Are Left Unprotected

The belief that long-term cohabiting couples have equivalent rights to married couples — the so-called “common law marriage” myth — is one of the most dangerous and persistent legal misconceptions in England and Wales. It has no basis in law and every year it leaves thousands of bereaved partners without any entitlement to their deceased partner’s estate. This guide explains the stark legal reality and what, if anything, you can do about it.

The Intestacy Hierarchy: Where Unmarried Partners Fit

When someone dies without a valid will in England and Wales, their estate is distributed according to the intestacy rules set out in the Administration of Estates Act 1925 (as amended). The order of priority is:

• Spouse or civil partner — inherits everything if there are no children, or the first £322,000 and half the remainder if there are children (the precise figures change annually)
• Children and grandchildren — inherit on an equal basis if there is no surviving spouse, or share the estate above the statutory legacy with the spouse
• Parents — inherit if there is no surviving spouse or children
• Siblings, half-siblings, and their issue
• Grandparents
• Aunts and uncles
• The Crown (bona vacantia) — only if there are no entitled relatives

Unmarried partners do not appear anywhere in this list. An unmarried partner who has lived with the deceased for 30 years, raised children together, and shared their home — receives nothing automatically under the intestacy rules. Everything will pass to whoever is highest in the hierarchy above.

This means that a surviving cohabiting partner could, in theory, find themselves with no legal right to remain in their own home (if it was in the deceased’s sole name), no claim on joint savings (except any jointly held accounts that pass by survivorship), and no entitlement to any of the estate.

The Length of the Relationship Makes No Difference

It is worth being absolutely clear on this point: the duration of a cohabiting relationship has no effect whatsoever on a partner’s intestacy rights. A couple who lived together for two years receives exactly the same protection under intestacy as a couple who lived together for 40 years — which is none.

This asymmetry with marriage can seem deeply unjust, and many commentators and campaigners argue that the law is long overdue for reform. The Law Commission has previously considered reform of cohabitation law, and recommendations for change were published in 2007, but as of 2026 no legislative reform has been enacted for England and Wales. Scotland has a more protective framework for cohabiting partners (under the Family Law (Scotland) Act 2006), but this does not apply south of the border.

The devastatingly common scenario is this: an elderly couple who have lived together for decades but never married. One dies. The surviving partner expects to inherit everything — the home, the savings, the pension. Instead, the deceased’s children from a previous marriage inherit the estate, potentially including the house, and the surviving partner has no legal right to anything.

The Inheritance (Provision for Family and Dependants) Act 1975

The Inheritance (Provision for Family and Dependants) Act 1975 (IPFDA 1975) provides a limited lifeline for cohabiting partners who have been left without adequate financial provision by their partner’s death. Under this Act, certain categories of person can apply to the court for reasonable financial provision from the deceased’s estate.

Cohabiting partners are included within the Act, but only if they satisfy specific conditions:

• The surviving partner must have been living in the same household as the deceased and as their partner for the entire period of two years immediately before the death. A period of separation during that two years can defeat the claim.
• The application must be made within six months of the grant of letters of administration or probate. Missing this deadline is usually fatal to the claim (though the court has a discretion to extend the time in exceptional circumstances).
• The court will award only what it considers “reasonable financial provision for maintenance” — this is a lower standard than the provision available to a spouse or civil partner, where the court can award more generous provision.

What the court considers in an IPFDA 1975 claim includes:

• The financial resources and financial needs of the claimant
• The size of the estate
• Any obligations the deceased had toward the claimant — including promises made and contributions made to the household or property
• The needs of other beneficiaries under the intestacy rules
• Any physical or mental disability of the claimant or any beneficiary

IPFDA 1975 claims are contested court proceedings and can be expensive and stressful. Many are settled before trial, but the outcome is never certain and legal costs can be significant. This route is a last resort — it is not a substitute for the protection that a will would have provided.

What the Surviving Partner Must Prove

To bring a successful claim under IPFDA 1975 as a cohabiting partner, the surviving partner must be able to demonstrate:

• Cohabitation for at least two years immediately before death: Evidence includes joint bank accounts, shared utility bills, correspondence addressed to both partners at the same address, electoral roll registration, and witness statements from neighbours and family confirming the nature of the relationship.
• The relationship was that of a couple: The Act requires that the parties were “living in the same household as husband and wife” (or equivalent for same-sex couples). Roommates or relatives living together would not qualify.
• Reasonable financial provision was not made: Where the estate passes entirely to other relatives and nothing is provided for the surviving partner, this threshold is usually easily met if the partner has genuine financial needs.

Timescales for an IPFDA 1975 claim vary considerably depending on whether the matter is contested and the complexity of the estate. An uncontested claim settled by agreement might take 3 to 6 months. A fully contested claim heard at trial could take 18 months to 3 years and cost tens of thousands of pounds in legal fees, potentially from both sides.

Immediate Action: What to Do If Your Partner Has Just Died Without a Will

If your unmarried partner has just died without a will and you are concerned about your position, you need to act quickly. The steps to take are:

• Take legal advice immediately. Contact a solicitor who specialises in probate and contested estates. The six-month time limit for an IPFDA 1975 claim runs from the grant of letters of administration, but delays in seeking advice can reduce your options.
• Gather evidence of your cohabitation. Start compiling documents that evidence your shared household: utility bills, bank statements, council tax records, correspondence, and photographs. This evidence will be crucial for any claim.
• Do not accept or reject the estate without advice. If the deceased’s relatives are applying for letters of administration and asking you to vacate the property or hand over assets, do not act without legal advice first. You may have rights that need to be preserved.
• Consider whether there are any jointly owned assets. Property held as joint tenants passes automatically to you regardless of the intestacy rules. Bank accounts held in both names may be accessible. These are separate from the estate and are not subject to the intestacy rules.

If you are a cohabiting couple and neither of you has died yet, the only reliable protection is to make wills. Free will-writing services are available (see our guide to Free Wills Month and Will Aid), and a straightforward mirror will can be drafted for minimal cost through a solicitor. Do not delay — the risk of dying without a will is too significant to ignore.