Can Unmarried Partners Inherit?

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

How To Claim If Your Partner Dies Without a Will

If your partner dies without a valid will, you may assume that living together for years gives you a right to their estate – but can unmarried partners inherit? Sadly, under the rules that govern intestacy in England and Wales, that assumption is wrong. Unmarried partners do not automatically inherit when a partner dies, even if they’ve lived for years together.

In fact, when someone dies without a will(intestate), there is a strict legal hierarchy which applies. This starts with a spouse or civil partner, followed by any children and then a wider network of relatives. Unfortunately, cohabiting partners do not feature and will generally be bypassed completely when it comes to distributing the estate.

If this has happened to you or a loved one as a cohabitee, there is a legal route to claim financial provision under the Inheritance Act. This falls under contentious probate law which is complex, so it’s crucial to speak to a contentious probate lawyer.

We partner with a panel of lawyers who are highly experienced in contentious probate and who can assess your case in a free initial consultation. They also offer No Win No Fee agreements as well as other flexible finding options.

So how does an unmarried partner make a claim?

A surviving cohabitee can apply to the court under the Inheritance (Provision for Family and Dependants) Act 1975 to request reasonable financial provision from the deceased’s estate. Eligible applicants include spouses, civil partners, former partners in certain circumstances, children, and financial dependants which can include unmarried cohabitants who meet specific criteria.

Who qualifies as a cohabiting claimant?

The courts look at the reality of the relationship. Factors typically include whether you and the deceased lived together as a couple, for how long, whether you were financially dependent on them. They also look at whether the deceased had a responsibility to provide for you, such as paying household bills or regular maintenance.

Strict time limit — the deadline you must know

If you think you have a claim under the 1975 Act, act fast. You usually have six months from the date the court issues the grant of probate or letters of administration to start proceedings. It’s crucial to not miss this six month window as the court will only allow late claims in highly exceptional circumstances – so act quickly.

How to claim — practical step-by-step

1. Get clarity on the estate. Find out whether the person died with a will and who the executors or administrators are. Executors must apply for a Grant of Probate; administrators will if there is no will.

2. Seek legal advice early. A solicitor experienced in contentious probate will assess whether you qualify to bring a claim and what is the best strategy.

3. Consider a negotiated settlement or mediation. Many estates avoid costly court fights by negotiating a settlement. Solicitors will often start talks with personal representatives to reach reasonable provision.

4. Issue court proceedings before the six-month deadline. If negotiation doesn’t work, your solicitor will issue proceedings under the 1975 Act asking the court to award a lump sum, periodical payments, property transfer or other orders.

5. Gather relevant evidence. You’ll need documents proving cohabitation, financial dependence, contributions to household life, and any children or ongoing needs. Witness statements, bank records, tenancy agreements and household bills will all help build your case.

What the court considers

The court balances many factors. This may include the size of the estate, your financial resources and needs, the deceased’s obligations and intentions, the claimant’s relationship to the deceased, and any children’s needs.

The court’s goal is a fair outcome, so evidence and practical expectations matter.

Practical tips to protect yourself now

• Make a will. A clear, updated will is the simplest way to ensure your partner inherits.
• Use joint ownership carefully. Property held in joint names can pass automatically to the surviving owner, but you should be aware of any tax consequences.
• Consider a cohabitation agreement. This contract sets out financial arrangements during life and can support claims after death.
• Keep records. Save evidence of shared bills, joint accounts, mortgage payments  and any financial support you gave or received.

 Example scenario — how it plays out in real life

Imagine you lived with your partner for 12 years, shared the mortgage, cared for their elderly parent and relied on their income. If they die without a will, their adult children might inherit everything under intestacy, leaving you without support.

By bringing a 1975 Act claim, you can ask the court for provision that reflects your financial dependence and contributions. Courts may often favour practical solutions, such as ordering a property transfer so you can keep the home.

FAQs: Can Unmarried Partners Inherit?

Q: Can I apply for legal aid?

A: Legal aid for inheritance disputes is limited. It’s advisable to use private solicitors, conditional fee arrangements, or legal insurance. Speak to our team about funding options early.

Q: What if the deceased promised to leave me something in a will but didn’t?

A: You can challenge a will’s provision under the 1975 Act if that omission left you without reasonable financial provision. However, it’s important to make your claim within the time limit and gather your evidence early.

Q: Can I inherit the home if I lived with my partner but wasn’t on the deeds?

A: No, not automatically. If the home was in your partner’s sole name, you do not inherit it under intestacy. You may still be able to claim financial provision under the Inheritance Act 1975 or show you contributed to the property.

Q: Do children from previous relationships affect my claim?

A: Yes. The court must consider the needs of any children as well as yours. This may reduce what you receive, but it doesn’t stop you from making a claim.

What to do next?

If a partner has died and you face a closed door because you were never married, don’t panic. Get your evidence together and get legal advice straight away.

Our caring and professional team can help you during this difficult time.

Contact us today at 0330 818 0351. Alternatively,  complete our online contact form to arrange your initial no-obligation telephone consultation.