Guide
Do unmarried couples need wills?
Yes. There is no legal such thing as a common-law marriage in England and Wales. An unmarried partner, however long you have lived together, has no automatic right to inherit if you die without a will, so a will is the only reliable way to provide for them.
Last reviewed 20 October 2026. General information, not legal advice. All guides
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The myth
Many couples believe that living together for a certain number of years gives the same rights as marriage. It does not. Without a will, an unmarried partner inherits nothing under the intestacy rules. Your estate goes to your children, parents or other relatives instead.
Your home
What happens to your home depends on how you own it. If you own it as joint tenants, it normally passes to the survivor automatically. If you own it as tenants in common, each of you owns a share, and your share passes under your will. If you do not have a will, it goes under the intestacy rules, which would not include your partner.
Tax
Married couples can leave everything to each other free of Inheritance Tax. Unmarried partners cannot. Anything you leave to your partner counts towards your estate and is taxed above the threshold, so tax planning matters more.
A claim is a poor substitute
A partner who lived with you as a couple for at least two years can apply to the court for provision under the Inheritance (Provision for Family and Dependants) Act 1975. It is expensive, uncertain and stressful, and the court decides, not you.
What to do
- Make wills that name each other, with a clear plan for the home.
- Make Lasting Powers of Attorney. An unmarried partner has no automatic authority to act for you if you lose capacity. See the guide to LPAs.
- Nominate your partner on your pensions and life insurance.
Quick answers
Common questions
Is there such a thing as a common-law marriage?
No. Living together does not give the same legal rights as marriage or a civil partnership, however long it lasts.
Will my partner get my house if we own it together?
It depends. If you own it as joint tenants it normally passes to the survivor. If you own it as tenants in common, your share passes under your will.
Can my partner make decisions for me if I am ill?
Not automatically. You need a registered Lasting Power of Attorney.
Keep reading
Related guides
What happens if you die without a will in England and Wales?
If you die without a will, a fixed set of rules called the intestacy rules decides who inherits, not you.
Do I need a Lasting Power of Attorney if I already have a will?
Yes.
How should blended families make wills?
If you have children from a previous relationship, a standard will that leaves everything to your new partner can leave your own children with nothing, because your partner can then leave it all to someone else.
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