The myth of common law marriage
The phrase "common law marriage" is used widely in everyday conversation, but it has no legal status in England and Wales. There is no length of cohabitation — not two years, not twenty — that gives an unmarried partner the same rights as a spouse.
Under the intestacy rules set out in the Administration of Estates Act 1925, if you die without a will your estate passes to your relatives in a strict legal order: spouse or civil partner first, then children, then other blood relatives. An unmarried partner, however long-standing, does not appear anywhere in that list.
That means your partner could be left with nothing — even if you owned a home together, shared finances for decades, or had children.
What actually happens to your estate without a will
Imagine you and your partner have lived together for fifteen years. You own a house jointly. You have two children together. You have a pension, savings, and a car.
- The house (if held as joint tenants): passes automatically to your partner by right of survivorship — outside your estate entirely. Your will cannot control it.
- The house (if held as tenants in common): your share goes to your children under intestacy, not your partner.
- Your savings and investments: go to your children equally under intestacy. Your partner receives nothing from these.
- Your pension: controlled by a nomination of beneficiary form, not your will or intestacy rules. If you have not nominated your partner, the trustees decide — and they may follow the intestacy pattern.
- Your car and personal possessions: pass under intestacy to your children.
Your partner of fifteen years ends up with a half-share of the house (if tenants in common), nothing from the savings, and potentially nothing from the pension.
Can I make a claim under the Inheritance Act?
There is a safety valve. The Inheritance (Provision for Family and Dependants) Act 1975 allows an unmarried partner who lived with the deceased "as husband and wife" for at least two years immediately before the death to apply to the court for reasonable financial provision.
But there are serious problems with relying on this:
- It is a court application — expensive, stressful, and contested by other beneficiaries.
- There is no guarantee of success or of the amount awarded.
- It typically takes 12–18 months and can drag on longer in contested cases.
- Your partner may need access to funds to live in the meantime.
- It applies only to cohabitees — not to step-children, friends, or other dependants.
A will eliminates all of this uncertainty at no legal cost.
What a cohabiting couples will should cover
A will for cohabiting couples should, at minimum:
- Name your partner as primary beneficiary — so your estate passes to them directly on your death.
- Appoint your partner as executor — so they have the legal authority to administer your estate.
- Appoint a guardian for any children under 18 — especially important if you are not both the legal parents of all the children.
- Address property ownership — if you own property as tenants in common, your will controls your share. If you own as joint tenants, consider whether to sever the tenancy so you can each leave your share independently.
- Name a substitute beneficiary — in case your partner predeceases you.
A letter of wishes alongside your will lets you give your executor informal guidance — about personal items, how you want disputes handled, or messages to specific people — that cannot go in the will itself.
Property: joint tenants vs tenants in common
How you own your property affects what your will can do. This is one of the most misunderstood points in estate planning.
Joint tenants: Both partners own the whole property together. If one dies, the other automatically inherits the whole thing by right of survivorship — bypassing the will entirely. This is the default for most couples buying together.
Tenants in common: Each partner owns a defined share (often 50/50 but not always). On death, each share passes according to the will. This gives you more flexibility — for example, leaving your share to your children while protecting your partner's right to live there via a life interest trust.
If you currently own as joint tenants and want your will to control your share, you need to formally sever the joint tenancy — a process that involves a Notice of Severance and updating the Land Registry title. Our Property Tenancy Severance Pack includes the template and step-by-step guide.
Pension and life insurance nominations
Your pension and life insurance do not pass through your will. They are controlled separately by nomination of beneficiary forms — often called "expression of wishes" forms with pension trustees.
If you have not nominated your partner, the pension trustees will use their discretion. Many follow a pattern similar to the intestacy rules. Updating your nominations is quick and free — and just as important as writing a will. See our Pension & Life Insurance Beneficiary Guide for a walkthrough.
How to write a will as a cohabiting couple
You each need your own individual will — a will is a personal legal document and you cannot write a joint will in England and Wales.
Our Cohabiting Couples Will Kit includes two plain-English will templates (one for each partner), a guide to cohabitation and inheritance rights, a cohabitation checklist, and full signing and witnessing instructions — all for £69.99, which is less than buying two single wills separately.
Once you have filled in your wills, each will needs to be signed in the presence of two independent adult witnesses, who must both sign in your presence. Witnesses cannot be beneficiaries or spouses of beneficiaries.
What about when you do get married?
If you plan to marry, be aware that marriage automatically revokes any will made before it under section 18 of the Wills Act 1837 — unless the will was made expressly "in contemplation of" that specific marriage. If you write a will as cohabitees and later marry, write new wills after the wedding.
Frequently asked questions
Do unmarried partners have inheritance rights in England and Wales?
No. Under the intestacy rules in the Administration of Estates Act 1925, an unmarried partner receives nothing from their partner's estate if they die without a will — regardless of how long you have lived together. Only married spouses, civil partners, and blood relatives inherit under intestacy.
What is a 'common law marriage' in the UK?
Common law marriage does not exist in England and Wales as a legal concept. No matter how long you have lived together, cohabiting couples have no automatic right to inherit from each other, claim a pension, or make financial decisions if one partner loses capacity. Only marriage or civil partnership creates those rights.
Can I claim from my partner's estate if they die without a will?
You can apply under the Inheritance (Provision for Family and Dependants) Act 1975 if you lived with your partner as husband or wife for at least 2 years immediately before their death. But this is a court application, can take 12–18 months, is not guaranteed, and does not give you the same rights as a spouse. A will is by far the simpler and more certain option.
What should cohabiting couples include in their wills?
At minimum: each other as primary beneficiary and executor. Also consider: appointing guardians if you have children, specifying what happens to jointly owned property, and leaving instructions about digital assets and funeral wishes. If you own property as joint tenants, your will may not control that share — you may also need to sever the joint tenancy.
Do cohabiting couples need to write separate wills?
Yes. In England and Wales, a will is an individual legal document. You each need your own will. A mirror wills kit for cohabiting couples gives you two matching templates — one for each partner — at a discounted price.
Cohabiting Couples Will Kit — £69.99
Two complete will templates, a cohabitation guide, signing instructions and a cohabitation checklist. Instant download.
Get the Cohabiting Couples Will Kit