An unmarried partner inherits nothing: the no-will rules in England

"We lived together for fifteen years, of course I inherit." In England that is a dangerous mistake. There is no such thing as "common-law marriage" in the law, and if there is no will an unmarried partner inherits nothing from the estate automatically. The estate is divided by the intestacy rules, and a cohabiting partner is simply not on the list.

What intestacy is

If someone dies without a will, their estate is divided not by their wishes but by a rigid law — the intestacy rules (Administration of Estates Act 1925). They set a strict order of who inherits and how much. That order cannot be changed after death.

An unmarried partner — nothing

This is the key and most painful point. A partner who was not married to or in a civil partnership with the deceased inherits NOTHING under intestacy — no matter how many years you lived together, ran a home together or raised children together. A house in the deceased's sole name, and their savings, go not to you but to the relatives in the order below.

Who inherits, and in what order

A spouse or (registered) civil partner. If there are no children, they get everything. If there are children, the spouse gets all personal possessions, the first £322,000 (the "statutory legacy", set by a 2023 Order) and half of the rest; the children share the other half.

If there is no spouse, the children share everything equally (and if a child has died, their descendants take the share). No children — parents inherit, then brothers and sisters, then more distant relatives. If there are no legal relatives at all, the estate passes to the Crown (bona vacantia).

What a partner can do

There is one route: a court claim under the Inheritance (Provision for Family and Dependants) Act 1975. An unmarried partner can ask for "reasonable provision" from the estate if they lived with the deceased as a partner for at least two years before death, or were financially maintained by them. But it is a court claim: costly, not guaranteed, and time-limited — usually six months from the grant of probate. It cannot be relied on as a fallback.

How to protect yourself — a will

The solution is simple and cheap compared with the cost of the mistake: make a will. It matters most for unmarried couples and blended families — only a will guarantees that your partner and loved ones receive what you intend. Owning a home as joint tenants helps too, but a will is the foundation.

In short

Without a will, England's intestacy rules apply, and an unmarried partner inherits nothing — the law does not recognise "common-law marriage". A spouse inherits (everything, or personal possessions + £322,000 + half where there are children), then children, parents, siblings. A partner's only chance is a claim under the 1975 Act, costly and not guaranteed. The answer is to make a will in advance.