Cohabiting couples: what happens if you die without a will?
Many people assume that living together gives their partner automatic legal rights if something happens to them but unfortunately, this is not the case.
In England and Wales, cohabiting couples have no automatic legal entitlement to each other’s estate, no matter how long you’ve been together or how committed your relationship is.
This means that if you die without a will, your partner could be left in a vulnerable position emotionally and financially, at an already difficult time.
What happens if you don’t have a will?
If you die without a valid will, your estate is divided according to the statutory intestacy rules. These rules prioritise spouses, civil partners and biological or adopted children. They do not recognise unmarried partners.
At The Association of Lifetime Lawyers, we know that dying without a will often leads to outcomes people never intended, leaving loved ones unprotected and creating avoidable complications.
For cohabiting couples, this could mean:
- Your partner may inherit nothing, regardless of how long you’ve lived together.
- If the estate includes a property that you both lived in, your share could pass to children or other relatives, who may then choose to sell, placing your partner’s home and long term security at risk.
- Your partner may need to bring a legal claim either to remain in the property or to seek financial provision from the estate under the Inheritance (Provision for Family and Dependants) Act 1975 if they were financially dependent on you. This is often a costly, time consuming, and uncertain process, with no guarantee of success.
- Even sentimental personal items would not automatically pass to your partner, which can cause additional distress at an already emotional time.
- Your partner would have no control over the estate, which may lead to conflict with those who are legally entitled to make decisions.
How a will protects your partner
By making a will, you take control over what happens to your estate. A professionally drafted will allows you to:
- Leave your partner a share of your estate, or specific assets such as your home, savings or personal items.
- Set out your wishes clearly, helping to avoid misunderstandings or disputes.
- Appoint executors you trust to carry out your instructions.
- Provide financial security and stability at a time they will need it most.
At Lifetime Lawyers, we emphasise the importance of planning ahead to protect those who matter most, especially where the law doesn’t automatically do so.
What if you have children?
If you and your partner have children together, or if you have children from previous relationships, a will becomes even more important. It can help you balance supporting your partner whilst protecting your estate for your children. Without a will, your estate may be divided in a way that doesn’t reflect your intentions or your family’s needs.
Joint property considerations
Many cohabiting couples own a property together. How your share passes on your death depends on how you own it:
- Joint tenants – your share passes automatically to your partner.
- Tenants in common – your share forms part of your estate and does not pass automatically to your partner. Without a will, your share of the property would pass in accordance with the statutory intestacy rules.
A will allows you to decide what happens to your share of the property in the event of your death. If you’re unsure which applies, a Lifetime Lawyer will be able to check this for you during the will writing process and advise you further.
Planning for the future together
Making a will isn’t just about assets, it’s about peace of mind. It is an opportunity to make thoughtful decisions, reduce the burden on your partner, and protect them from uncertainty at a time of grief. If you’re living with your partner, putting a will in place is one of the most meaningful steps you can take to safeguard their future.
Is the above position likely to change?
The government looked at the financial position for cohabiting couples nearly two decades ago but proposals for change were rejected. They have just announced (June 2026) that they will be consulting on this issue again, with proposals to strengthen the rights of cohabiting couples if they split up and on death if their partner dies without a will. You can read more about the consultation here: A fairer end to relationships: consultation document
Even if these proposals go ahead, the advice remains that a will is the best way to set out your wishes clearly.