When Your Unmarried Partner Dies: Your Legal Rights in the UK

England and Wales

An unmarried partner is not on this list. At all.

This means if your partner of 30 years dies without a will, and you are not married, their estate goes to their children, parents, or siblings. You inherit nothing automatically.

Your children do inherit. If you had children together, those children inherit the entire estate (divided equally between them). But the money is held in trust until they turn 18. You, as the surviving parent, do not get direct access to those funds for your own living costs, even while you are raising those children. There may be routes to secure housing or financial support for the children's benefit, which can indirectly help the surviving parent, but these require legal advice.

You can make a legal claim. Under the Inheritance (Provision for Family and Dependants) Act 1975, you can apply to the court for reasonable financial provision from the estate if you lived with the deceased as a couple for at least two years before their death. This is not automatic. It requires a court application, legal representation, and there is no guarantee of success. You must apply within six months of the grant of probate. It is stressful, expensive, and contested by other family members in many cases.

See our guide on intestacy rules for the full picture.

Scotland

Under Section 29 of the Family Law (Scotland) Act 2006, a surviving cohabitant can apply to the court for a share of the deceased's estate when there is no will. The court considers the length of cohabitation, the nature of the relationship, and any financial arrangements between the couple. The claim is discretionary, and the court is not obliged to make an award.

The claim must be made within six months of death (the Trusts and Succession (Scotland) Act 2024 extends this to 12 months, though this provision has not yet come into force as of March 2026).

The amount awarded cannot exceed what the cohabitant would have received if they had been a spouse or civil partner. This is a court process, not automatic, but it does exist and has been used successfully.

Scottish cohabitants have no rights at all where a will exists that leaves them nothing. The court claim only applies to intestate estates.

See our guide on probate in Scotland for how the Scottish system works.

Northern Ireland

You may be able to apply under the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979 if you lived with the deceased as a couple for the whole of the two years before death, or if you were being maintained by them. These are distinct routes, and you do not need to satisfy both. The court considers the circumstances of the case, including the extent to which the deceased maintained you and the length of your relationship.

What happens to the home depends entirely on how it is owned.

Joint tenants

If you own the property as joint tenants (sometimes called "beneficial joint tenants"), the surviving partner automatically becomes the sole owner when the other dies. This happens outside of the will and outside of intestacy rules. It is the safest form of ownership for unmarried couples.

Check your title deeds or contact the Land Registry to confirm how your property is held. Many couples assume they are joint tenants but have never actually checked.

Tenants in common

If you own as tenants in common, each partner owns a defined share (for example, 60/40 or 50/50). When one partner dies, their share forms part of their estate. Without a will leaving that share to you, it passes under the intestacy rules, and as an unmarried partner, you are not included.

This means you could own 50% of your home and still face a legal battle with your deceased partner's family over the other 50%.

Renting

If you have a joint tenancy agreement, you retain the right to live in the property. If the tenancy was in your partner's sole name, your rights depend on the type of tenancy and your landlord. Council and housing association tenants may have succession rights. Private tenants should check their tenancy agreement and speak to their landlord as soon as possible.

State Pension

Unmarried partners cannot inherit any part of the State Pension. This includes the Additional State Pension (SERPS/S2P). Only spouses and civil partners qualify.

Workplace and private pensions

Most pension schemes do not automatically pay out to an unmarried partner. However, most schemes allow the member to nominate a beneficiary using an "Expression of Wish" or "Beneficiary Nomination" form.

If your partner completed this form and named you, the pension trustees will usually honour it, though they keep discretion under the scheme rules. If there is no up-to-date nomination form, the trustees will decide based on the scheme rules and the evidence available. An unmarried partner may still be considered, but there is much less certainty.

This is one of the most important practical steps for any unmarried couple. Contact every pension provider and complete the nomination forms. It takes 15 minutes per provider and could be worth tens of thousands of pounds.

Death-in-service benefits

Many employers offer a lump sum (typically two to four times annual salary) if an employee dies while working for them. This is usually paid at the trustees' discretion. Without a nomination form, it may go to the deceased's next of kin under intestacy rules, not to the unmarried partner.

Again: complete the nomination form.

Other nomination-based benefits

Beyond pensions and death-in-service, other workplace and financial products may also rely on nomination forms or discretionary decisions. These can include workplace savings schemes, share option plans, and some savings products. Check whether your partner has completed nomination forms for any of these.

Life insurance is one area where unmarried couples can take control, but only if the right steps are taken.

Life insurance can be set up so that the proceeds go outside the estate, often by writing the policy in trust. If it is not arranged that way, the payout may fall into the estate and be affected by probate and inheritance rules. This means the surviving partner may not receive the money quickly, or at all if they are not named in a will.

Writing the policy in trust is especially important for unmarried couples. If the proceeds fall into the estate, inheritance tax may be an issue depending on the size of the estate and how the policy is structured. Unlike married couples and civil partners, unmarried partners do not benefit from the spouse/civil partner inheritance tax exemption. A solicitor can set up a trust for a life policy, and your insurer or a financial adviser can guide you through the options.

This is one of the biggest practical differences between marriage/civil partnership and cohabitation, and it is often overlooked.

Married couples and civil partners can leave everything to each other completely free of inheritance tax, regardless of the value of the estate. Unmarried partners do not get this exemption. If your partner leaves you their estate (or part of it), and the total value exceeds the nil-rate band (currently £325,000, or up to £500,000 with the residence nil-rate band), 40% inheritance tax applies on the excess.

This is why writing life insurance in trust and understanding property ownership are so important. A solicitor or financial adviser can help you plan to reduce the inheritance tax impact.

Joint accounts: If you hold a joint bank account, the surviving account holder usually retains full access. In most cases, the balance passes to you. This is typically the fastest way to ensure the surviving partner has cash in the immediate aftermath. Occasionally, banks' processes or beneficial ownership questions can complicate matters, so check with your bank if you are unsure.

Sole accounts: If your partner's accounts are in their name only, those accounts are frozen when the bank is notified of the death. You have no access, even if you were financially dependent on your partner and even if you paid money into the account regularly. The funds form part of the estate and follow the intestacy rules.

Practical advice: Ensure that everyday household expenses are paid from a joint account, and that both partners have some money in their own name. This prevents the surviving partner being left without access to any cash.

An unmarried partner does not automatically have the clearest legal priority to control funeral arrangements. In practice, disputes often turn on who is the executor or administrator of the estate. If the deceased left a will naming you as executor, you have clear authority. Without a will, the right to arrange the funeral may fall to the person who applies for letters of administration, which under the intestacy rules would be a relative rather than an unmarried partner.

In practice, if you lived together and there is no dispute, most funeral directors will work with you. But if the deceased's family objects, they may have the legal standing to override your wishes.

The safest protection is a will that names you as executor and sets out funeral wishes. This gives you clear legal authority and avoids family disputes.

Bereavement Support Payment (BSP) was extended in 2024. Unmarried cohabiting partners can now claim BSP, but only if they have dependent children (or are pregnant).

With dependent children: A lump sum of £3,500 plus 18 monthly payments of £350 (total: £9,800 over 18 months).

Without dependent children: You do not qualify for BSP as an unmarried partner. This benefit is only available to unmarried cohabitants who have children.

Your partner must have paid sufficient National Insurance contributions for you to be eligible.

See our guide on bereavement support payment for full details.

If you are in an unmarried relationship and reading this, the following steps will protect you and your partner. None of them require marriage. All of them are achievable and relatively inexpensive.

1. Make a will. Name your partner as executor and primary beneficiary. Specify what should happen to your home, savings, and belongings. If you have children, use trusts to ensure both your partner and your children are provided for.
2. Check your property ownership. Confirm whether you hold your home as joint tenants (automatic survivorship) or tenants in common (share goes through the estate). If you are tenants in common, make sure your will leaves your share to your partner. If in doubt, a solicitor can check and change the tenure.
3. Complete pension nomination forms. Contact every pension provider (workplace and private) and complete the beneficiary nomination form naming your partner. This takes 15 minutes per provider.
4. Review life insurance. Check that your partner is named as beneficiary. Consider writing the policy in trust to keep the proceeds outside the estate and reduce the inheritance tax impact. Speak to your insurer or a financial adviser.
5. Hold a joint bank account. Ensure household expenses come from a joint account so the surviving partner has immediate access to funds. Keep enough in the joint account to cover several months of living costs.
6. Consider a cohabitation agreement. This is a legal document that sets out your financial arrangements, property ownership, and intentions. It provides evidence of your relationship and strengthens any future legal claims.
7. Set up Lasting Powers of Attorney. Without marriage, your partner has no automatic right to make financial or medical decisions if you become incapacitated. An LPA for Property and Finance and an LPA for Health and Welfare give your partner the legal authority to act on your behalf. Cost: £82 per LPA to register with the Office of the Public Guardian.
8. Keep records together. Maintain a list of all accounts, pensions, insurance policies, property details, and nomination forms in a safe place. Share this with your partner or store it with your solicitor. This makes administration vastly easier if something happens.

Reform of cohabitation law is often discussed, and campaign groups continue to press for change. The Law Commission has previously recommended reform of cohabitation rights, and there have been discussions about strengthening the legal position of unmarried couples. But you should not rely on future reform. The legal protection that exists today is still limited.

If reform does eventually pass, it may give cohabitants the right to claim financial provision when a relationship ends (through separation or death), particularly where there are children or where one partner has been financially disadvantaged. But any changes could take years, and they may not give unmarried couples the same rights as married couples even when they arrive.

The steps above are the only reliable protection available right now.

If you are reading this because your partner has already died and there was no will, here is what to do.

Immediately: Register the death. Obtain several certified copies of the death certificate (many organisations now accept digital verification, but having multiple copies avoids delays). Secure the property. Contact the bank to freeze sole accounts (to prevent unauthorised access by other family members).

Within the first week: Consult a solicitor who specialises in contentious probate or cohabitation claims. If you lived together for at least two years, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (or the equivalent in Scotland or Northern Ireland). Time limits apply, so get advice early.

If you own the property as joint tenants: The home passes to you automatically. Contact the Land Registry to update the title. You do not need probate for this.

If you own as tenants in common: Your partner's share goes through their estate. Without a will, it goes to their relatives. You may need to claim against the estate to retain the home.

If you rent: Check your tenancy agreement. Joint tenants retain the tenancy. Sole tenants may have succession rights with council or housing association properties.

The six-month deadline: If you intend to make a claim against the estate, you should apply within six months of the grant of probate (or letters of administration). After this, you need the court's permission, which is harder to obtain.