Special Situations

Rights of Unmarried Partners

Illustration representing legal support and guidance

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.

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Get your free checklist

  • What to do in the first 5 days after someone dies
  • How to register a death in the UK
  • Who to notify (banks, councils, utilities, and more)
  • When you might need probate
  • Optional tasks like redirecting mail or closing online accounts
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Farra is a digital assistant that helps with death admin and bereavement support in the UK. From registering a death to applying for probate, Farra provides step-by-step guidance, essential documents, and practical help for families navigating the administrative side of loss. Designed to bring clarity and compassion to the most difficult moments, Farra simplifies estate paperwork, bank notifications, and funeral-related tasks so you can focus on what matters.