Will for Cohabiting Couples UK (2026): What Happens If You Don't Have One

There are 3.7 million cohabiting couples in England and Wales — and nearly half of them believe they have legal rights they do not have. This guide explains the legal reality, what happens to your estate without a will, and exactly what to do about it.

The most important thing to know

“Common law marriage” does not exist in England and Wales. No matter how long you have lived together, your cohabiting partner has no automatic right to inherit your estate. Without a will, your estate passes to your blood relatives under the intestacy rules — your partner could be left with nothing.

What happens if a cohabiting partner dies without a will

Asset	No will (intestacy rules)	With a will leaving everything to partner
Home (joint tenants)	Partner inherits automatically (survivorship)	Partner inherits automatically (survivorship)
Home (tenants in common)	Goes to blood relatives, NOT partner	Partner inherits deceased's share
Savings and bank accounts	Goes to blood relatives, NOT partner	Partner inherits
Pension (with valid nomination)	Depends on nomination — update to name partner	Nomination controls pension (not the will)
Life insurance (no trust)	Pays into estate — goes to blood relatives	Pays into estate — partner receives it
Car, belongings, investments	Goes to blood relatives, NOT partner	Partner inherits
Guardianship of children	Court decides if no surviving parent with PR	Guardian named in will is court's strong starting point

The intestacy rules: who actually inherits without a will

When someone dies without a valid will in England and Wales, their estate is distributed under the Administration of Estates Act 1925. The order of priority is fixed:

Surviving spouse or civil partner — takes the first £322,000 (the 2026 statutory legacy) plus all personal belongings, plus half of anything above £322,000
Children (biological or legally adopted) — share the remaining half of anything above the statutory legacy equally
Parents — if no children
Siblings — if no parents
And so on down the blood relatives

A cohabiting partner does not appear anywhere in this list. The only exception is if your partner can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which requires proving they were financially dependent and living with you for at least two years. This is expensive, slow, and far from guaranteed.

Joint tenancy vs tenants in common: why it matters

If you own a property together, how you own it determines what happens when one of you dies.

Joint tenants

You each own the whole property together. When one of you dies, the surviving partner automatically inherits the whole property — this happens by operation of law, regardless of any will or the intestacy rules.

Partner is protected on the property — but not on other assets.

Tenants in common

You each own a defined share (often 50/50, but can be any split). When one of you dies, that share does not automatically pass to the survivor. Without a will, it passes under the intestacy rules — to blood relatives, not your partner.

Without a will, partner loses deceased's share of the home.

Most couples who buy together start as joint tenants but may have switched to tenants in common — for example, to protect unequal contributions or to allow each share to be left separately in a will. If you are unsure how you own your property, check the title register at HM Land Registry (a search costs £3).

The 2026 cohabitation reform: will it protect you?

The government issued a consultation on cohabitation law reform in Spring 2026. This has received significant media coverage and has led many cohabiting couples to assume protection is on its way.

The reality is more cautious. Even if reform legislation passes:

•Timing: Legislation would not take effect before 2027 or 2028 at the earliest
•Scope: Proposed reforms would not replicate married couple rights — they would offer limited financial protection, likely capped at maintenance level
•Uncertainty: There is no guarantee that any bill will pass as proposed
•Opting out: Early indications suggest couples may be able to contract out of any new default scheme

A will made today takes effect under current law immediately. Waiting for reform means your partner has no protection in the meantime. There is also no evidence that having a will would disadvantage you under any reformed regime — reformed rules would likely apply only to those without a will.

What does a cohabiting couple actually need to do?

For most cohabiting couples with a straightforward estate, four steps provide solid protection:

Make a will — both of you

Each partner needs their own will leaving their estate (or at minimum their share of jointly-owned property) to the other. Use WillSafe's Mirror Wills Kit (£59.99) if you want identical wills, or two separate Standard Will Kits (£39.99 each) if your wishes differ.

Check your property title

Confirm whether you own as joint tenants or tenants in common. If you want the property to pass to your partner in all circumstances, consider severing any existing joint tenancy and instead leaving your share specifically to your partner in your will — or simply confirm joint tenancy is the right structure for you.

Update your pension nomination

Your pension death benefit passes outside your will. Contact your pension provider and complete an Expression of Wishes (nomination form) naming your partner. If your nomination is out of date, the trustees may pay the death benefit to someone other than your partner.

Make Lasting Powers of Attorney

A will only takes effect on death. If you lose mental capacity, your partner has no automatic right to manage your finances or make healthcare decisions. Each of you should make a Property & Financial Affairs LPA and a Health & Welfare LPA appointing the other as attorney.

Frequently asked questions

Does a cohabiting partner inherit automatically if I die without a will in the UK?+

No. Under the intestacy rules in England and Wales (Administration of Estates Act 1925), a surviving cohabiting partner inherits nothing — regardless of how long you have lived together. The estate passes to your blood relatives: your children first, then parents, then siblings. Without a will, your partner could lose their home and all financial support. A will is the only way to protect them.

Is 'common law marriage' a legal concept in England and Wales?+

No. Common law marriage does not exist in England and Wales. There is no period of cohabitation — 2 years, 10 years, or any other — that gives an unmarried partner automatic legal rights equivalent to a spouse. Scotland has a limited form of recognition, but English and Welsh law does not. The Office for National Statistics found that 46% of cohabiting couples in England and Wales incorrectly believe they have common law marriage rights. Making a will immediately closes this gap.

Can my cohabiting partner challenge the estate under the Inheritance Act 1975?+

A cohabiting partner who lived with the deceased as husband or wife for at least two years immediately before the death can bring a claim under section 1(1)(ba) of the Inheritance (Provision for Family and Dependants) Act 1975. However, the standard of provision is 'maintenance' — much lower than the 'reasonable financial provision' available to a surviving spouse. Claims are slow, expensive, and uncertain. A will avoids all of this entirely.

Does it matter whether we own our house as joint tenants or tenants in common?+

Yes, critically. If you own as joint tenants, the surviving partner automatically inherits the whole property by the right of survivorship — this happens outside your will and outside the intestacy rules. If you own as tenants in common, each partner owns a distinct share. If there is no will, that share passes under the intestacy rules to blood relatives, not your partner. If you are unsure how you own your property, check your title register at HM Land Registry or look at your transfer deed.

What about the cohabitation law reforms due in 2026?+

The government issued a consultation on cohabitation reform in Spring 2026. Any legislation would give long-term cohabitees limited rights on separation and possibly some automatic inheritance protection. However, reform is speculative — it would not replicate married couple rights and would not arrive before 2027 at the earliest. There is no guarantee the reforms will pass as proposed. Making a will now is the only certain protection for your partner under current law.

What type of will does a cohabiting couple need?+

If you want your partner to inherit everything, you each need your own will leaving your estate to the other, with substitute beneficiaries if your partner predeceases you. WillSafe's Mirror Wills Kit (£59.99) is designed for exactly this: two wills with identical structure, created and signed together, at a fraction of the solicitor cost. If you have children, each will should also name a guardian. If your estate is complex (trusts, business assets, property abroad), use a solicitor instead.

Protect your partner today — from £39.99

A WillSafe will kit is the fastest way to give your cohabiting partner legal protection. Our Mirror Wills Kit covers both of you for £59.99 — valid, legally binding, and ready to sign today.

Mirror Wills Kit — £59.99 Single Will Kit — £39.99