Making a Will when you live together but aren’t married

More couples than ever live together without marrying or forming a civil partnership. Many assume that after a few years together, or once they have children, the law treats them like a married couple. In England and Wales it does not. That gap can matter a great deal if one partner dies.

The “common law marriage” myth

Citizens Advice explains that “common-law partners” is just another way of saying a couple live together. It does not create any legal status. However long you have lived together, the law does not treat you as married.

What happens if an unmarried partner dies without a Will?

When someone dies without a valid Will, the intestacy rules decide who inherits. These rules favour spouses, civil partners and blood relatives. According to Citizens Advice, if one partner dies without a Will, the surviving partner will not automatically inherit anything unless the couple owned property jointly.

In practice, this can mean:

• the estate may pass to the person’s children, parents or siblings instead
• the surviving partner may have no say in who deals with the estate
• they may have to make a court claim to ask for reasonable provision, which can be stressful and uncertain

Unmarried partners also do not get the Inheritance Tax exemption that applies between spouses and civil partners. For some estates, that can make a real difference.

Is the law changing?

In June 2026 the government launched a consultation on stronger rights for unmarried couples. The proposals include inheritance rights where a partner dies without a Will, for couples who meet certain conditions. At the time of writing (October 2026) this is a proposal, not law. Any change would need to pass through Parliament, and the details may change. For now, a Will remains the clearest way to protect each other.

How you own your home matters

Property ownership can be just as important as a Will. There are two main ways to own a home jointly in England and Wales:

• Joint tenants. You both own the whole property. If one of you dies, the other usually becomes the sole owner automatically, whatever a Will says.
• Tenants in common. You each own a share, which can be equal or unequal. Your share passes under your Will, or under the intestacy rules if you have no Will.

If your home is in one name only, the other partner may have no automatic right to it at all. You can check how your home is owned with HM Land Registry, or ask a professional to look into it.

What a Will can do for cohabiting couples

A Will lets each of you decide what happens. It can:

• leave your share of the home, savings or possessions to your partner
• let your partner live in the home for life, with it passing to your children afterwards
• name your partner as an executor so they can deal with your affairs
• appoint guardians for children under 18
• balance gifts between your partner and children from earlier relationships

Single Wills or mirror Wills?

Many couples make mirror Wills, which are two separate Wills with matching terms. These can work well if you share the same wishes. Each of you can still change your own Will later, so mirror Wills do not lock either partner in. If you have different family situations, separate Wills with different terms may suit you better.

Other things worth sorting out

1. Pension nominations. Many pensions are not covered by your Will. Check who you have nominated to receive any death benefits, and update it if needed.
2. Life insurance. Check who the policy pays out to, and whether it is written in trust.
3. Bank accounts. Joint accounts usually pass to the survivor. Accounts in one name usually form part of the estate.
4. Lasting Powers of Attorney. If one of you becomes ill and cannot make decisions, an unmarried partner has no automatic right to manage the other’s money. An LPA can give that authority.

If you get married later

GOV.UK warns that getting married cancels any Will you made before, unless the Will was made in expectation of that marriage. If you plan to marry, it is worth making sure your Will still works afterwards.

Questions to ask a professional

• How do we own our home, and does that match what we want?
• Should we leave each other everything, or share between partner and children?
• Could Inheritance Tax affect us as an unmarried couple?
• Do our pension and insurance nominations fit our plans?

Where to go from here

To understand the default rules, read what happens if someone dies without a Will. Our help articles on single and mirror Wills and how property ownership affects inheritance go into more detail.

When you are ready, you can answer a few questions about making a Will. WillHarbour is an introduction service, not a law firm or solicitor. With your permission we pass your enquiry to up to three suitable firms, such as solicitors or will-writing companies, who will explain their fees and referral arrangements before you decide anything.