Farra is a death administration assistant for UK families. Get step-by-step guidance for registering a death, applying for probate, notifying banks, and managing bereavement admin. From essential documents to practical checklists, Farra simplifies estate paperwork and funeral-related tasks so you can focus on what matters.
Unmarried partners have no automatic inheritance rights — "common law marriage" does not exist in England and Wales. A claim under the 1975 Act is possible if you lived together as a couple for 2+ years immediately before the death, or, as a separate alternative, if you were being maintained by the deceased; normally within 6 months of the grant. Joint assets pass outside the estate: joint tenancy property, joint bank accounts, life policies written in trust or with a named beneficiary. Scotland differs — a cohabitant applies to the court under section 29 of the Family Law (Scotland) Act 2006, within 6 months of the death.
In England and Wales, unmarried partners (cohabiting couples) have no automatic inheritance rights when their partner dies. There are, though, legal mechanisms for making a claim against an estate. Scotland and Northern Ireland have their own, different provisions.
Under the Inheritance (Provision for Family and Dependants) Act 1975, you may be able to claim if:
While unmarried partners don't have automatic inheritance rights, the law recognises that you may have a legitimate claim on your partner's estate, particularly if you were being maintained by them or contributed to their assets.
You are not shut out of the practical steps either: section 16 of the Births and Deaths Registration Act 1953 lists the partner of the deceased among the people qualified to register a death in England and Wales.
No, unmarried partners (cohabiting couples) have no automatic inheritance rights when their partner dies in England and Wales. There is no such thing as 'common law marriage'. You can apply under the Inheritance Act 1975 if you lived together as a couple for at least 2 years immediately before the death, or, alternatively, if you were being maintained by the deceased. In Scotland a cohabitant applies instead under section 29 of the Family Law (Scotland) Act 2006.
Claims under the Inheritance (Provision for Family and Dependants) Act 1975 must normally be made within 6 months of the date on which representation is first taken out — the grant. The court can permit a later claim, but only with its permission. In Scotland the equivalent cohabitant claim runs from the date of death, not the grant.
Gather evidence showing you lived together as a couple for at least 2 years, such as joint utility bills, tenancy agreements, council tax documents, joint bank statements, photographs, witness statements from family and friends, and proof of financial dependency or contributions.
Joint assets like jointly-owned property or joint bank accounts typically pass to the surviving partner automatically. However, this only applies to assets held in both names. Anything solely in the deceased's name does not automatically pass to you.
Under the intestacy rules of England and Wales, unmarried partners inherit nothing. The estate goes to the deceased's relatives in a fixed order (children, parents, siblings and so on). You can make a claim under the Inheritance Act 1975 for reasonable financial provision if you lived together as a couple for 2+ years immediately before the death, or if you were being maintained by the deceased — either route on its own is enough.