Rights of Unmarried Partners

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In the UK, unmarried partners (cohabiting couples) have very limited automatic inheritance rights when their partner dies. However, there are legal mechanisms to make claims on an estate and protect your interests.

Key points at a glance:

No automatic inheritance rights for unmarried partners
Can make a claim under the Inheritance Act 1975
Must have lived together as a couple for at least 2 years
Claims must be made within 6 months of probate
Joint assets may pass to the surviving partner
Children have stronger inheritance rights than unmarried partners

Important: Unlike married couples, there is no such thing as "common law marriage" in England and Wales. Living together, even for many years, does not give automatic inheritance rights.

When you can make a claim

Under the Inheritance (Provision for Family and Dependants) Act 1975, you may be able to claim if:

You lived with the deceased as a couple for at least 2 years before death
You were financially dependent on the deceased
The deceased maintained you financially
You can show the estate hasn't made reasonable provision for you

Unmarried Partner Rights Checklist

Protecting Your Interests

Check if you're mentioned in your partner's will
Identify joint assets (bank accounts, property, investments)
Gather evidence of your relationship and financial dependency
Seek legal advice promptly to understand your options
Consider making a claim under the Inheritance Act 1975

Time limit: Claims under the Inheritance Act must be made within 6 months of probate being granted. Don't delay in seeking legal advice.

Your rights matter

While unmarried partners don't have automatic inheritance rights, the law recognizes that you may have legitimate claims on your partner's estate, especially if you were financially dependent or contributed to their assets.

Don't assume you have no rights - seek professional legal advice to understand your position and options.

Frequently Asked Questions

Do unmarried partners have automatic inheritance rights in the UK?

No, unmarried partners (cohabiting couples) have no automatic inheritance rights when their partner dies in England and Wales. There is no such thing as 'common law marriage'. However, you can make claims under the Inheritance Act 1975 if you lived together for at least 2 years.

How long do I have to make an inheritance claim as an unmarried partner?

Claims under the Inheritance (Provision for Family and Dependants) Act 1975 must be made within 6 months of probate being granted. It's crucial not to delay seeking legal advice as this deadline is strict.

What evidence do I need to prove I was in a relationship with the deceased?

Gather evidence showing you lived together as a couple for at least 2 years, such as joint utility bills, tenancy agreements, council tax documents, joint bank statements, photographs, witness statements from family and friends, and proof of financial dependency or contributions.

Can I inherit joint property as an unmarried partner?

Joint assets like jointly-owned property or joint bank accounts typically pass to the surviving partner automatically. However, this only applies to assets held in both names. Anything solely in the deceased's name does not automatically pass to you.

What happens if my partner died without a will and we were unmarried?

Under intestacy rules, unmarried partners inherit nothing. The estate goes to blood relatives (children, parents, siblings). However, you can make a claim under the Inheritance Act 1975 for reasonable financial provision if you lived together for 2+ years or were financially dependent.