Do Unmarried Couples Need a Will?

The myth of common law marriage

There is no such thing as a "common law marriage" in English law. It does not matter how long you have lived together. It does not matter whether you own a home together, share finances, or have children. If you are not married or in a civil partnership, your partner has no automatic right to inherit anything from you when you die.

This surprises a lot of people. It shouldn't, but it does.

What happens without a will if you're cohabiting

If you die without a will, the rules of intestacy apply. These rules distribute your estate to a strict hierarchy of relatives: spouse or civil partner first, then children, then parents, then siblings. Cohabiting partners are not in that hierarchy at any point.

Your partner could receive nothing. Your estate could pass entirely to a parent you haven't spoken to in years, or be split between children from a previous relationship. None of that is necessarily wrong, but none of it is your choice either.

Can an unmarried partner challenge the estate?

Technically, yes. Under the Inheritance (Provision for Family and Dependants) Act 1975, a cohabiting partner who lived with you for at least two years before your death can apply to court for "reasonable financial provision". But this is not automatic, not guaranteed, and not cheap. Courts typically award maintenance-level provision, not a full share of the estate. It is a stressful process for a grieving person that can take years to resolve.

A will costs £79. A court application costs considerably more than that.

What a will does for an unmarried couple

A will lets you name your partner as the primary beneficiary of your estate, or as the recipient of your home, savings, or any other specific assets. You can also name them as executor, giving them the authority to deal with your estate directly.

For cohabiting couples, making wills is arguably more important than it is for married couples.

Practical points

If you own property together, check whether you hold it as joint tenants or tenants in common. Joint tenants automatically inherit each other's share regardless of any will. Tenants in common do not. Each person's share passes according to their will, or under intestacy if there is no will.

If you have children together and are not married, guardianship is also worth thinking about. The legal position on parental responsibility differs for unmarried fathers and can affect who has authority over your children if you die.

Mirror wills are a practical option for cohabiting couples. Each person writes a separate will that leaves everything to the other first, then to the same backup beneficiaries. PureWill's mirror will option covers both documents for £129.