If you’re living with your partner but you’re not married or in a civil partnership, having an up-to-date Will is one of the most important legal documents you can have.
Many couples wrongly believe that if they have lived together for years, bought a home together or have children together, their partner will automatically inherit everything if they die.
Unfortunately, that isn’t the case.
Despite the common myth of the “common law husband” or “common law wife”, there is currently no such legal status in England and Wales. If you die without a valid Will, your unmarried partner may receive nothing from your estate, regardless of how long you’ve been together.
What Happens If You Die Without a Will?
If you die without a Will, you are said to have died intestate.
The law decides who inherits your estate using the intestacy rules. These rules prioritise:
- Your spouse or civil partner
- Your children
- Other blood relatives
An unmarried partner is not automatically included. This means your home, savings and other assets could pass to your children or wider family members instead of the person you have shared your life with.
Why This Matters for Unmarried Couples
Without a Will, your partner could face significant practical and financial difficulties, including:
- Not inheriting your share of your home.
- Having to make expensive legal claims against your estate.
- Financial uncertainty at an already distressing time.
- Potential disputes with family members.
- Delays in administering your estate.
This can be particularly worrying where one partner owns the family home in their sole name.
When Should You Update Your Will?
Making a Will isn’t something you only do once.
You should review it whenever there is a significant change in your life, including:
- Moving in together.
- Buying a property.
- Having children.
- Becoming engaged.
- Separating from a previous partner.
- Receiving an inheritance.
- Starting or selling a business.
- Changes to your financial circumstances.
- The death of a beneficiary or executor.
As your circumstances change, your Will should change too.
Don’t Forget Your Property Ownership
A Will forms just one part of protecting your partner.
If you own your home together, it’s also important to understand whether you own it as:
- Joint tenants
- Tenants in common
The way your property is owned can affect what happens when one of you dies.
This is something worth discussing with a solicitor alongside making your Will.
What About the Proposed Changes to the Law?
The Government launched a consultation in June 2026, looking at giving unmarried couples greater legal protection, including the possibility of automatic inheritance rights where someone dies without a Will. However, these are only proposals at present and have not become law. Until any changes are introduced, unmarried couples remain largely unprotected if they do not have appropriate legal documents in place.
Read my blog about the proposed changes here – Proposed Changes in the Law for Unmarried Couples in England and Wales 2026.
Other Documents You Should Consider
If you live together but aren’t married, you should also think about:
- A Cohabitation Agreement
- Lasting Powers of Attorney
- Pension beneficiary nominations
- Life insurance nominations
- Reviewing how your property is owned
Together, these documents can provide much greater protection for both of you.
Final Thoughts
Making a Will isn’t about expecting the worst.
It’s about protecting the person you love and making sure your wishes are followed.
If you’re living together without being married, don’t assume the law will protect your partner; it probably won’t.
A simple, up-to-date Will could save your loved ones significant stress, expense and uncertainty at an already difficult time.
Need Help?
If you’re living with your partner and would like to understand what legal protection you currently have, I can explain your options in plain English and help you find a specialist solicitor to protect your future.
Please note: I do not either prepare or provide formal legal advice on Wills, Declarations of Trust or Cohabitation Agreements, but I can help you understand how they fit into your wider legal planning following separation or when planning for the future, and help you find a specialist solicitor.
*****
If you have found this blog helpful, check out my other blogs on the topic of New Partners and Unmarried Couples.
©Rhiannon Ford 2010-2026 All rights reserved
*****
To learn about the different ways I can help you with your divorce or separation, please click here: Rhiannon’s Services.
And click here to check out my resources and products available from my website: All Products.
Why I became a divorce consultant.
