Unmarried partners and inheritance with no will
Why an unmarried partner inherits nothing under the intestacy rules — and the limited routes that may still be open. For England and Wales.
Reviewed by a qualified probate case manager
All figures on this page verified June 2026 against GOV.UK.
This is one of the hardest situations the intestacy rules create, and one of the most misunderstood. If your partner died without a will and you were not married or in a civil partnership, the law does not treat you as next of kin.
Instead, the estate passes to the person's blood relatives in the fixed statutory order — children, then parents, then siblings, and so on, as set out on the no-will (intestacy) page.
What might still be open to you
Being left out by the intestacy rules is not always the end of the story. A few routes may still help, depending on the circumstances.
A jointly owned home
If you owned your home together as joint tenants, your partner's share passes to you automatically by survivorship, outside the intestacy rules. If you owned it as tenants in common, their share passes under intestacy instead — so how the property was held matters a great deal.
Jointly held money and assets
Money in a joint bank account, and other jointly held assets, usually pass to the surviving owner automatically rather than under the intestacy rules.
A claim against the estate
A long-term cohabiting partner who was financially dependent on, or maintained by, the person who died may be able to make a claim for reasonable provision under the Inheritance (Provision for Family and Dependants) Act 1975. These claims are strictly time-limited and turn on the specific facts.
Common questions
- Does an unmarried partner inherit if there is no will?
- No. Under the intestacy rules in England and Wales, an unmarried or cohabiting partner inherits nothing automatically, no matter how long you lived together. There is no such thing as a 'common-law spouse' with inheritance rights.
- Can I do anything if I've been left out?
- Possibly. Someone who was financially maintained by the person who died — including a long-term cohabiting partner — may be able to make a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975. These claims are time-limited and need legal advice quickly.
- What about a jointly owned home?
- A home you owned together as joint tenants normally passes to you automatically by survivorship, outside the intestacy rules. A home owned as tenants in common does not — your partner's share passes under the intestacy rules instead.
Related guides
- Who inherits when there is no will?The statutory order of inheritance — including the unmarried-partner gap.
- Do I need probate?Work out whether you need a grant of probate at all — and when you don't.
- The executor's role: duties and liabilityWhat an executor actually has to do — and what happens if you make a mistake.
Official sources
All figures on this page verified June 2026 against GOV.UK. Reviewed by our probate case manager.