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There is a persistent and damaging myth in England and Wales that couples who have lived together for a long time — sometimes called “common law spouses” — have the same inheritance rights as married couples. They do not. No matter how long you have lived together, without a will, the law treats an unmarried partner as a stranger to the estate.
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The term “common law spouse” has no legal meaning in England and Wales. It is not a recognised status, and it confers no legal rights whatsoever — not in inheritance, not in property, and not in family law.
This is not a quirk or loophole. It is the deliberate state of the law. The intestacy rules under the Administration of Estates Act 1925 list a specific priority order for inheritance, and unmarried partners simply do not appear in that list. It does not matter whether you have lived together for two years or twenty. It does not matter whether you have children together. It does not matter whether you own a home together.
Campaigns to reform this area of law have continued for decades, but as of 2026, the law has not changed. Scotland provides some additional protections through the Succession (Scotland) Act 1964, but England and Wales does not.
For the full picture of what happens when an unmarried partner dies, see our guide to dying without a will as an unmarried partner and our dedicated guide to the rights of unmarried partners.
If the deceased had children, those children inherit the entire estate. If there were no children, parents inherit. If no parents, siblings. And so on down the next-of-kin hierarchy — with the cohabiting partner receiving nothing at any point.
This can mean that:
For the full intestacy overview, see our main intestacy guide.
The Inheritance (Provision for Family and Dependants) Act 1975 provides the main legal route for a cohabiting partner to claim against the estate. However, this requires meeting specific conditions:
If you qualify, the court has wide discretion. It considers:
Importantly, the court awards reasonable financial provision— defined as what is reasonable for the applicant's maintenance. This is a lower standard than the full inheritance a spouse would receive. It might mean an income stream or a lump sum, but it is unlikely to replicate what a well-drafted will would have provided.
As a cohabiting partner, you have no automatic right to apply for letters of administration. The right belongs to the beneficiaries under intestacy — children, parents, siblings. You would need to obtain the cooperation of the deceased's family, or seek legal advice about whether you can apply in your capacity as a potential 1975 Act claimant.
This can be deeply difficult — particularly if the deceased's family is hostile or uncooperative. In some cases, families move quickly to administer and distribute the estate before a partner can act. This is why acting promptly is essential.
The family home is the most urgent concern for most cohabiting partners. The outcome depends on how it is owned.
If the home is owned as joint tenants, the deceased's share passes automatically to the surviving partner by right of survivorship — regardless of intestacy, regardless of the will (or lack of one). This is the single most important protection for cohabiting couples. If you own jointly, check urgently whether you are joint tenants or tenants in common.
If the home is held as tenants in common (or solely in the deceased's name), the deceased's share forms part of the estate and passes to the next-of-kin under intestacy. The surviving partner could face losing their home — the new co-owners (children, parents, siblings) could apply to court for an order for sale.
In practice, courts do have discretion under TOLATA 1996 to consider the circumstances of the surviving occupier, but the outcome is not guaranteed. Legal advice is essential in this situation.
See our guide on dying without a will with a joint mortgage.
Joint bank accounts and jointly held savings pass by survivorship to the surviving partner — outside intestacy entirely. This is an important practical protection.
Life insurance policies written in trust with the partner named as beneficiary also pass directly outside the estate. If you are a cohabiting partner and your partner has died, check any life insurance policies immediately — if you are named as beneficiary, make the claim directly with the insurer.
Pension death benefits are discretionary — the pension trustees decide. Make sure you have submitted a nomination of beneficiaries (expression of wishes) form and that the trustees are aware of your relationship.
See also our guide to what to do when someone dies and our estate administration checklist.
The only truly reliable protection for a cohabiting partner is a valid will. Even a simple will that leaves the estate to the partner provides far more certainty than any reliance on the 1975 Act.
Beyond a will, couples should also:
Unmarried partners have no automatic inheritance rights under UK intestacy law — regardless of relationship length. What happens to the estate, and what you can do.
If you die married with no children and no will, your spouse inherits your entire estate. How the intestacy rules work, what documents are needed, and next steps.
Married with children and no will? Your spouse gets £322,000 plus personal chattels plus half the remainder. Children share the other half. Full UK intestacy rules explained.
When someone dies without a will and no surviving spouse, children inherit equally. How UK intestacy rules divide the estate between children, and what to do next.
Stepchildren do not inherit under UK intestacy rules — only biological and legally adopted children do. What this means for blended families and how to protect all your children.
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