Rights of Unmarried Partners
In the UK, unmarried partners (cohabiting couples) have very limited automatic inheritance rights when their partner dies. However, there are legal mechanisms to make claims on an estate and protect your interests.
- No automatic inheritance rights for unmarried partners
- Can make a claim under the Inheritance Act 1975
- Must have lived together as a couple for at least 2 years
- Claims must be made within 6 months of probate
- Joint assets may pass to the surviving partner
- Children have stronger inheritance rights than unmarried partners
When you can make a claim
Under the Inheritance (Provision for Family and Dependants) Act 1975, you may be able to claim if:
- You lived with the deceased as a couple for at least 2 years before death
- You were financially dependent on the deceased
- The deceased maintained you financially
- You can show the estate hasn't made reasonable provision for you
Unmarried Partner Rights Checklist
Protecting Your Interests
- Check if you're mentioned in your partner's will
- Identify joint assets (bank accounts, property, investments)
- Gather evidence of your relationship and financial dependency
- Seek legal advice promptly to understand your options
- Consider making a claim under the Inheritance Act 1975
Your rights matter
While unmarried partners don't have automatic inheritance rights, the law recognizes that you may have legitimate claims on your partner's estate, especially if you were financially dependent or contributed to their assets.
Don't assume you have no rights - seek professional legal advice to understand your position and options.
Frequently Asked Questions
Do unmarried partners have automatic inheritance rights in the UK?
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'. However, you can make claims under the Inheritance Act 1975 if you lived together for at least 2 years.
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 be made within 6 months of probate being granted. It's crucial not to delay seeking legal advice as this deadline is strict.
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 intestacy rules, unmarried partners inherit nothing. The estate goes to blood relatives (children, parents, siblings). However, you can make a claim under the Inheritance Act 1975 for reasonable financial provision if you lived together for 2+ years or were financially dependent.
Related Guides
No Will? Intestacy Rules
Understand why unmarried partners don't inherit under intestacy
Do You Need Probate?
Understanding probate and making claims on the estate
Joint Bank Accounts
How joint accounts work for unmarried partners when one dies
Close Bank Accounts
Accessing bank accounts as unmarried partner with proper authority
Secure Property
Your rights to continue living in shared property after partner's death
What to Do When Someone Dies
Complete death administration guide for unmarried partners
Bereavement Support Payment
Check if you qualify for bereavement benefits as unmarried partner
Register a Death
Who can register the death when partner was unmarried
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