Many believe that living together as a couple gives the same legal rights as marriage. In the UK, that’s simply not true. Without a will, unmarried couples risk leaving each other completely unprotected.
This matters even more if you’re buying a house together or sharing finances. Here’s why every couple living together without tying the knot should make a will a priority.
What we’ll cover
What happens without a will?
Without a will, the law decides who gets your assets when you die—and unmarried partners aren’t recognised.
How intestacy laws affect unmarried couples
When someone dies without a will, the law decides who inherits their estate. These are called intestacy laws.
For unmarried couples, the law doesn’t recognise your partner as next of kin. Your estate may go to your parents or siblings instead, even if you’ve lived together for decades.
The only way to protect your partner is by putting it in writing with a valid will.
Can an unmarried partner inherit?
Not automatically. If you’re not married and not mentioned in a will, you don’t get anything.
The surviving partner may have to apply to the court to claim some of the estate, which takes time and money. That’s why unmarried couples need a will if they want to protect each other.
Planning your future together
Unmarried couples often share homes, finances, and children. Without a will, these shared responsibilities can create problems down the line.
Buying property as an unmarried couple
When unmarried couples buy a home together, it’s often the biggest asset they own.
If you own as joint tenants, your partner will automatically get the home if you die. But if you’re tenants in common, your share won’t pass to your partner unless you’ve made a will.
Without one, your share could end up with a parent or distant sibling. That makes creating a homeowner will even more important.
Other shared assets and finances
Shared bank accounts, pensions and belongings might not automatically pass to your partner either.
You need to name each other as beneficiaries, and back that up with a proper will for unmarried couples.
Tax and legal challenges
Unlike married couples, there’s no inheritance tax relief between unmarried partners. This means your partner might have to pay tax on anything you leave them, which includes inheritance tax on life insurance payouts.
A solid will helps you plan how things will be passed on. It can also protect assets from potential will disputes later on.
Ways to protect each other
If you’re in a long-term relationship and not married, there are steps you can take to protect your future.
Creating mirror wills
Mirror wills are matching wills where each partner leaves everything to the other. They’re simple, affordable, and one of the best options for unmarried couples.
This works well when your wishes are the same. You can also add backup plans for who should inherit next.
Planning for children and guardianship
If you have kids, a will lets you name a guardian. That way, someone you trust will raise them if you both pass away.
Without this, the court decides who looks after your children. By choosing a guardian for your children, you take control instead of leaving it to chance.
Don’t forget to plan for your pets, too. You can also appoint a guardian for your pets in your will.
Keeping it up to date
Life changes, and so should your will. Whether you move house, have children, or break up, updating your will helps keep it accurate.
That includes updating names, even by deed poll, and changing who should get what. Set a reminder to review it every couple of years.
Taking the next step
Making a will doesn’t have to be difficult. Here’s how unmarried couples can take action.
How to make a will as an unmarried couple
Making a will might feel overwhelming, but it’s not hard. Here’s how to get started:
- Talk to your partner about your wishes.
- Decide who should inherit what.
- Choose guardians for children or pets.
- Speak to a solicitor for legal advice.
- Make sure your digital assets are covered in your will too.
You can also write a cohabitation agreement to support your will. This lays out your shared finances and responsibilities if you split up.
When to act
Don’t wait for a health scare or big event. If you share a home or a life together, you should both have a will.
Even if you already have one, make sure it reflects your current relationship. A married will is very different from a will for unmarried couples.
Get a will that covers all of your bases
We’ve partnered with some of the UK’s top will writing solicitors to give you the most comprehensive service possible.
Frequently asked questions
Can you be next of kin if you’re not married?
In the UK, the term “next of kin” has no automatic legal status when it comes to inheritance. If you’re not married and not named in your partner’s will, you don’t have the right to inherit their estate, even if you’ve lived together for years.
What are mirror wills?
Mirror wills are two separate but almost identical documents created by a couple. Each person leaves their assets to the other, with shared instructions for what should happen if both partners die at the same time.
What happens if an unmarried partner dies?
If an unmarried partner dies without leaving a will, their assets are distributed under intestacy laws. This usually means everything goes to their closest blood relatives, leaving their partner with no automatic claim.
Can an unmarried partner inherit?
Yes, but only if they’re named as a beneficiary in a will or are successful in making a legal claim. Without legal documentation, the surviving partner won’t receive anything by default, regardless of how long they were together.
