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.
Important: Unlike married couples, there is no such thing as "common law marriage" in England and Wales. Living together, even for many years, does not give automatic inheritance rights.
Under the Inheritance (Provision for Family and Dependants) Act 1975, you may be able to claim if:
On 5 June 2026 the Ministry of Justice opened a consultation, A fairer end to relationships, which closed on 14 August 2026. For England and Wales it asked whether “qualifying cohabitants” should inherit automatically, in the same way as a spouse or civil partner, when a partner dies without a valid will. The government leans towards defining a qualifying cohabitant as the Inheritance Act 1975 does — living in the same household as if married or in a civil partnership — and asks what minimum period of living together should apply; the Law Commission had recommended five years, or two where the couple had a child together. It also asked whether the two-year qualifying period for an Inheritance Act 1975 claim should be removed where the couple had children together, and whether a qualifying cohabitant's right to administer the estate should match any new entitlement. (The consultation's threshold of three years living together, or a shared child, belongs to a separate proposed scheme for couples who separate, not to inheritance.)
It is a consultation, not a law. No share of the estate has been fixed, no Bill has been published, and the government has said only that legislation will follow “when parliamentary time allows”. As of September 2026 the rules on this page apply unchanged. Joint assets, pension nominations and life insurance in trust still pass outside the intestacy rules; a will remains the reliable way to change who inherits the rest.
Time limit: Claims under the Inheritance Act must normally be made within 6 months of the date on which representation is first taken out — the grant. The court can allow a later claim, but only with its permission.
Your rights matter
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.
Do unmarried partners have automatic inheritance rights?
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.
How long do I have to make an inheritance claim as an unmarried partner?
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.
What evidence do I need to prove I was in a relationship with the deceased?
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.
Can I inherit joint property as an unmarried partner?
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.
What happens if my partner died without a will and we were unmarried?
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.
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