Can I Leave Everything to My Partner If We're Not Married?

Yes, you can leave everything to your partner — but ONLY if you have a will. Without one, your partner could inherit absolutely nothing, even after decades together.

This is one of the biggest misconceptions in UK law. There's no such thing as "common law marriage." If you're not married or in a civil partnership, your partner has no automatic right to inherit from you. None.

The Brutal Truth About Unmarried Couples

Here's what happens if you die without a will:

• Your partner gets: Nothing (under intestacy rules)
• Your children get: Everything
• No children? Your parents, siblings, or distant relatives inherit instead
• Your partner may have to: Leave your shared home

It doesn't matter if you've been together 30 years. It doesn't matter if you have children together. It doesn't matter if your partner's name is on the mortgage. Without a will, they're legally a stranger.

A Real-World Example

Consider this situation we've seen:

John and Sarah lived together for 15 years. They owned their home jointly, had two children, and considered themselves married in every way except legally. John died suddenly without a will.

Result: Under intestacy, John's half of the house and all his savings went to the children. Sarah couldn't access his bank accounts. She had to negotiate with her own children (one of whom was only 8) to stay in her home.

This happens more often than you'd think.

What You Can Actually Do

Step 1: Make a Will (Essential)

A will lets you leave your estate to whoever you want — including your unmarried partner. You can:

• Leave everything to your partner
• Leave the house to your partner with other assets to children
• Give your partner a life interest (right to live in the property)
• Any combination that suits your family

This is the single most important thing unmarried couples can do.

Step 2: Check How You Own Property

If you own property together, check whether you're:

• Joint tenants: Your share passes automatically to your partner on death (regardless of your will)
• Tenants in common: Your share passes according to your will

Joint tenancy provides automatic protection for the property, but a will is still essential for everything else.

Step 3: Nominate Your Partner for Pensions

Many pensions pass outside your will based on nomination forms. Check:

• Workplace pension death benefits
• Personal pension nominations
• Life insurance policies

Update these to name your partner. Without nomination, the pension trustees decide who gets the money — and unmarried partners aren't guaranteed anything.

Step 4: Consider Life Insurance

Life insurance written in trust for your partner provides:

• Tax-free lump sum on death
• Money paid directly to your partner (no probate delay)
• Certainty that they'll receive it

What About Our Children?

If you have children together, things get more complex. You need to balance:

• Providing for your partner
• Ensuring children eventually inherit
• Protecting assets if your partner remarries

Common solutions include:

Option 1: Everything to Partner, Then Children

Leave everything to your partner. Your will can suggest (but not require) they leave it to children eventually.

Pros: Simple, gives partner maximum flexibility
Cons: No guarantee for children; if partner remarries, assets could go elsewhere

Option 2: Life Interest Trust

Leave your partner the right to live in the property and use income from assets for life. On their death, everything passes to children.

Pros: Partner protected, children guaranteed to inherit eventually
Cons: Less flexibility; can create tension

Option 3: Split Assets

Leave the house to your partner outright, other assets directly to children.

Pros: Clear division, everyone knows where they stand
Cons: May not suit all family situations

What About Inheritance Tax?

Here's where unmarried couples face another disadvantage:

• Married couples: Unlimited transfers between spouses, no IHT
• Unmarried couples: No spousal exemption — everything counts

If your estate exceeds £325,000 (or £500,000 including residence nil rate band), your partner could face a 40% tax bill on what they inherit.

Ways to mitigate this:

• Life insurance in trust to cover the tax
• Lifetime gifting (if you survive 7 years)
• Getting married (the most tax-efficient option)

Could My Partner Make a Claim?

If you die without a will, your partner may be able to claim under the Inheritance Act 1975 — but it's not guaranteed and it's expensive.

To qualify, they must have been:

• Living with you for at least 2 years before death
• Living "as husband and wife" (or civil partners)

Even then, they can only claim "reasonable financial provision" — typically maintenance, not the whole estate. The process involves:

• Court proceedings
• Legal costs (potentially £10,000+)
• Family conflict
• Uncertain outcome

Why put your partner through this when a simple will prevents it?

What If My Partner Dies Without a Will?

If your partner dies intestate:

• You inherit nothing automatically
• You may be able to claim under the Inheritance Act (see above)
• You have 6 months from probate to make a claim
• You'll need legal help

This is why both partners need wills, not just one.

Would Getting Married Help?

Honestly? Yes. Marriage provides:

• Automatic inheritance rights under intestacy
• Unlimited IHT exemption between spouses
• Stronger pension rights
• Legal recognition

But if marriage isn't right for you, a properly drafted will achieves most of the same protection. You just need to be proactive.

Your Situation Is Unique

Every couple's circumstances are different:

• Do you have children together?
• Children from previous relationships?
• How is your property owned?
• What are your pension arrangements?
• Are there inheritance tax concerns?

Generic advice only goes so far. If you want to know exactly what steps YOU should take, ask one of our estate planners. It's free, and you'll get personalised guidance.

The Old Way vs Our Way

The Old Way	Our Way
Assume "common law" protects you	Know the truth and take action
Put off making a will "until later"	Get clear advice now, then act
Expensive solicitor consultations	Free initial guidance from experts
Generic online templates	Personalised advice for your situation