Intestacy Cohabiting Partner UK (2026): What Happens If You Die Without a Will?
Updated 13 May 2026 · 8 min read · England & Wales
In England and Wales, if you die without a will your estate is distributed under the intestacy rules — a fixed legal hierarchy that gives your cohabiting partner nothing at all. It does not matter how long you have lived together, whether you have children, or whether you own a home jointly. Without a will, your partner is left entirely unprotected.
The intestacy rules do not recognise cohabiting partners
The intestacy rules in England and Wales (Administration of Estates Act 1925, as amended) distribute an estate in a fixed order: spouse or civil partner first, then children, then parents, then siblings, and so on. Cohabiting partners — sometimes called “common-law partners” or “live-in partners” — do not appear in this hierarchy at any level.
The phrase “common-law marriage” has no legal meaning in England and Wales. There is no legal status of “common-law spouse”. No matter how long you have lived together, you have no automatic inheritance rights equivalent to a married couple.
What actually happens to the estate
If a cohabiting person dies without a will, their estate is distributed as follows:
| Surviving relatives | Who inherits under intestacy | Partner receives |
|---|---|---|
| Partner + children | Children equally | Nothing |
| Partner only (no children) | Parents (if alive), then siblings | Nothing |
| Partner + no relatives at all | Crown (bona vacantia) | Nothing |
In the most common scenario — partner with young children — the children inherit the entire estate in equal shares held on statutory trust until age 18. The surviving partner, who may be the children’s sole carer, receives nothing from the estate itself.
The jointly-owned home: joint tenants vs tenants in common
How your home is legally held determines whether it passes by your will (or intestacy) at all.
- Joint tenants: on death, the property passes automatically to the surviving owner by the right of survivorship — outside the estate and unaffected by intestacy. This is the one scenario where an unmarried partner automatically gets the home.
- Tenants in common: each owner holds a defined share (usually 50/50, but not necessarily). On death, your share passes under your will — or, without one, under the intestacy rules — to your relatives, not your partner.
Many couples are tenants in common (or do not know which they are). To check: search the Land Registry title register. If a restriction appears saying “no disposition by a sole proprietor”, you are tenants in common.
Pensions and life insurance
Pensions and life insurance policies with death benefits typically pass outside the estate, governed by a nomination of beneficiary form you complete with your pension provider or insurer. If you have named your partner as nominee, they receive these benefits regardless of the intestacy rules. If you have not named anyone — or have named an old partner or a relative — your current partner receives nothing from these sources either.
Check and update your pension and life insurance nominations immediately if you are a cohabiting couple without wills.
Can a cohabiting partner claim on the estate?
A cohabiting partner who lived with the deceased as husband, wife, or civil partner for at least 2 years immediately before the death can apply to court under the Inheritance (Provision for Family and Dependants) Act 1975. The application must be made within 6 months of the grant of probate. The court can order maintenance-level provision but this is:
- Not guaranteed — the applicant must prove financial need
- A lower standard than a spouse would receive
- Time-limited to 6 months from probate — miss it and permission to proceed is rarely granted
- Expensive — the application requires solicitors and potentially a full court hearing
- Uncertain — outcomes depend on the specific facts and estate size
An Inheritance Act application is a fallback, not a substitute for a will.
What a will can do for cohabiting couples
A will allows you to leave your estate — or any part of it — to your partner, in exactly the way you choose:
- Leave everything to your partner absolutely
- Leave your partner a life interest in the home (right to live there for life)
- Leave specific items, sums, or percentages
- Appoint your partner as executor
- Appoint your partner as guardian for your children
Without a will, none of this happens automatically. The intestacy rules apply a one-size-fits-all formula that was designed around married families — and it leaves cohabiting couples completely exposed.
Cohabiting couples: an urgent case for making a will
Of all the people who need a will urgently, cohabiting couples are near the top of the list. The financial consequences of dying without one — leaving a partner with no home, no savings, and no share of a joint life — can be catastrophic. The remedy is straightforward, fast, and inexpensive: make a will.
Frequently asked questions
Does my cohabiting partner automatically inherit if I die without a will in England and Wales?
No. The intestacy rules in England and Wales give cohabiting partners (sometimes called common-law partners or live-in partners) no automatic right to inherit anything from your estate. It does not matter how long you have lived together — even if you have been together for 30 years, bought a home together, and have children together, your partner receives nothing under the intestacy rules. Your estate passes to your relatives: first to children (equally), then to parents, then to siblings. If you have no qualifying relatives, the estate passes to the Crown (bona vacantia). Your partner is left with whatever they can prove they own in their own right.
What is a 'common-law marriage' and does it exist in English law?
The term 'common-law marriage' is a legal myth in England and Wales. There is no such thing as a common-law marriage under English law — no matter how long a couple have lived together, they have no automatic rights equivalent to a married couple. The Law Commission has repeatedly recommended reform, but as of 2026 the law has not changed. Only married couples and registered civil partners have automatic inheritance rights under the intestacy rules. Cohabiting couples must make wills to protect each other.
Can my cohabiting partner make a claim on my estate if I die without a will?
Possibly — but they must apply to court. A cohabiting partner who has lived with the deceased as husband, wife, or civil partner for at least 2 years immediately before the death can apply under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision. However, this is 'maintenance' standard only — not the higher standard that applies to spouses. The applicant must show financial need, must apply within 6 months of the grant of probate, and must fund expensive litigation. There is no guarantee of success. A will avoids all of this.
What happens to our jointly-owned home if I die without a will?
It depends on how the property is held. If you own the home as joint tenants, the property passes automatically to the surviving owner by the right of survivorship — outside the estate entirely, and unaffected by the intestacy rules. If you own as tenants in common, your share of the property forms part of your estate and passes under the intestacy rules — to your relatives, not your partner. Many cohabiting couples hold property as tenants in common (or do not know which they are). Check the Land Registry title register to confirm.
What happens to our children if I die without a will as a cohabiting parent?
Your children inherit your estate equally under the intestacy rules — but not your partner. If your children are under 18, their inherited share is held on statutory trust until they reach 18. Your partner receives nothing from your estate unless they make a court claim. This creates a situation where your partner — the children's other parent — is financially unprotected from your estate, while the children (who they care for) hold the assets in trust. A will avoids this by making sensible provision for both your partner and your children.
Does having children together give a cohabiting partner any inheritance rights?
No. Having children with your partner does not give them any inheritance rights under the intestacy rules. Your children inherit from you equally, but your partner does not. A surviving cohabiting parent has no automatic right to the deceased's estate, even where they are the primary carer for young children. The only protection is a will, or a successful Inheritance Act court application.
How do I protect my cohabiting partner when I die?
The only reliable way is to make a will. In your will you can leave everything to your partner, or a specific share, or grant them a right to occupy your home. You should also: (1) check how your property is held — joint tenants automatically pass to the survivor; (2) name your partner as beneficiary on any life insurance and pension nominations (these pass outside the estate); (3) consider making them a trustee or executor. A will takes about an hour to complete with our DIY kit and costs far less than the legal fees your partner would face fighting an Inheritance Act claim.
Protect your partner — make your will today
A cohabiting partner receives nothing under the intestacy rules. WillSafe’s DIY will kit takes under an hour and costs a fraction of what your partner would spend on a court claim. Make your will now.
Get the will kit →Related guides
- Intestacy rules UK 2026 — the full hierarchy
- Wills for cohabiting couples — what to include
- Cohabiting couples’ rights — property, finance & children
- Family provision claims — Inheritance Act 1975
- Joint tenants vs tenants in common
- What happens if you die without a will?