Losing a partner is devastating. For unmarried couples, the grief can quickly be compounded by a legal reality many people never expect. You may have no automatic right to anything from their estate.
The idea of ‘common law marriage’ is one of the most persistent myths in English law. No matter how long you have lived together, an unmarried partner has no automatic right to inherit if their partner dies without a will.
What Happens When Someone Dies Without a Will?
When a person dies without a will, their estate is distributed according to the rules of intestacy. This is a strict legal hierarchy of who inherits. Unmarried partners are not on the list, no matter how many years you lived together or how financially intertwined your lives were.
The intestacy rules give priority to:
- Spouse or civil partner
- Children
- Parents
- Siblings and other close relatives
This means a surviving unmarried partner can be left with nothing, while the estate passes entirely to relatives. In some cases, this may include people your partner had little contact with.
Is There Anything You Can Do?
Although the intestacy rules do not automatically provide for unmarried partners, you may still be able to make a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975. This legislation allows certain people to apply to the court for financial provision where they have not been adequately provided for.
You may be able to bring a claim if:
- You lived with the deceased as their partner for at least two years before their death, or
- You were financially dependent on the deceased at the time of their death.
The court will weigh up a range of factors including your financial needs, the size of the estate, and the claims of other beneficiaries, before deciding whether to make an award and in what amount.
Time Limits Apply
Acting promptly can make all the difference. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 must usually be brought within six months of the Grant of Letters of Administration being issued. If you miss this window, bringing a claim becomes significantly harder.
Getting Legal Advice
Situations like this are emotionally and legally complex, especially when you are navigating grief at the same time. Early legal advice can make a real difference, helping you understand your rights and the options available to you before important deadlines pass.
Our litigation team regularly advises clients on challenging inheritance disputes and can provide confidential, compassionate guidance tailored to your circumstances.
If you would like to discuss your situation, please contact us. We are here to help you understand your options and act before any deadlines pass.
Written by Ella Moss
