Posted 24 Apr, 2025

Why Unmarried Couples Need a Will

A Will is crucial for unmarried couples as it ensures that their surviving partner is provided for and allows them to control how their assets are distributed upon death.

When someone passes away in the UK, unmarried partners do not inherit anything. Therefore, it is important to have a Will to effect your wishes — especially if you wish your unmarried partner to benefit from your estate following your passing. This can cover anything from savings to the property you live in together.

According to the Office of National Statistics, there are six million unmarried couples who cohabit in the UK. However, despite these statistics and the fact that more and more people are deciding against marriage, the UK still fails to provide any automatic provisions for unmarried partners.

Our Head of Private Client, Joanne, explores the key points that unmarried couples should consider and why it is important for them to make a Will.

What Happens If My Partner Dies and We Are Not Married, and They Didn’t Make a Will?

If your partner dies without a Will, then their estate will be distributed in accordance with the intestacy rules. There is a strict order of priority regarding who inherits an estate if someone dies without a Will, and this is particularly relevant for unmarried couples.

For example, if your partner had children from a previous relationship, even if they were living with you, you will not receive anything from your partner’s estate; instead, the estate would pass to their children.

What Happens to My House If My Partner Dies?

If you live with your partner but they own the house that you live in, under the rules of intestacy, you wouldn’t stand to inherit their property. If your partner were to pass away unexpectedly, you could be left in a tricky position and find yourself without a roof over your head.

By taking time to write your Wills, you can make specific provision for your partner, and you could leave the house to them as part of your estate.

We Own Our Property Together; My Partner Has Died — What Happens Now?

If you live with your partner and you own your house together, what happens with that house upon passing depends on how you own the property. There are two ways you could own the property:

As Joint Tenants (also referred to as beneficial joint tenants) – you equally own the property and have equal rights to the whole of the property. Upon passing, the property will automatically pass to the joint surviving owner.

As Tenants in Common – you can own the property in different shares, and the property does not automatically go to the other owner if you die. If you or your partner dies without making a Will, then the share would pass as per the intestacy rules.

We Own a Property Together and Have a Joint Mortgage. What Happens Now?

When you or your partner own a property jointly, you will likely have to take on the property as sole owner when they pass. This means that you will be solely responsible for payment of the mortgage and/or you may have to take out a new mortgage so you can keep up with the repayments.

Making a Will allows unmarried partners to protect each other from these types of situations. Leaving money and savings to your partner in your Will could help with the financial burden of taking on the mortgage.

What Legal Rights Do I Have as an Unmarried Partner?

Whilst it may be possible for an unmarried partner or cohabitee to claim against their partner’s estate if they are able to prove they have been cohabiting for at least two years, they are not automatically entitled to any of their partner’s assets, property, savings, etc. It can often become expensive to make a claim against the estate and lead to lengthy, costly litigation with the outcomes far outweighing the costs to make a claim.

By making a Will, you can help each other avoid this cost and the stress that goes with it.

How We Can Help

Our specialist lawyers at Endeavour Law understand the importance of the writing of Wills, and we are increasingly versed in the different types of relationships and how to avoid issues arising. Talk to us today to learn more about the service we can offer you. Please call us on 0800 014 8521 or alternatively email info@endeavour-law.co.uk for a free, no-obligation quote as you wish.