What Happens If Your Partner Dies Without a Will? The Law Is Changing

Many couples choosing to live together in the UK believe they are protected by a “common-law marriage.” No such legal status exists in England and Wales. If your unmarried partner passes away without a valid Will, the consequences can be financially and emotionally devastating.

However, a major legal change is on the horizon. On 5 June 2026, the Ministry of Justice launched a landmark 10-week public consultation titled “A Fairer End to Relationships,” which could fundamentally change the rights of cohabiting couples facing separation or bereavement. Here is what the current law looks like, how the proposed changes work, and how you can protect your family today.

The Current Reality of Intestacy for Unmarried Couples

If an unmarried person dies without a Will, their estate is automatically governed by the strict, statutory Rules of Intestacy. Under these current rules, an unmarried partner has no automatic right to inherit anything from their deceased partner—regardless of whether they have lived together for two years or twenty.

If the family home was owned solely in your late partner’s name, you do not automatically inherit the property or even the right to continue living in it. Only formal marriage or a civil partnership grants a surviving partner automatic “next of kin” status under the rules of intestacy.

Currently, a surviving unmarried partner’s only option is to make a formal legal claim under the Inheritance (Provision for Family and Dependants) Act 1975. This process comes with steep hurdles, including high costs and navigating contentious probate court proceedings which can be a slow process. The payouts that you could receive are also restricted.

Under the Inheritance Act, an unmarried partner’s claim is strictly limited to what is deemed “reasonable for their maintenance.” The court will evaluate your current income, assets, physical needs, the overall size of the estate, and the competing needs of any beneficiaries. You are highly unlikely to receive the full share your partner may have intended.

What the New 2026 Cohabitation Proposals Mean for Unmarried Couples

The government’s June 2026 consultation aims to modernise family law to reflect how couples live today. The Ministry of Justice is considering bringing qualifying cohabiting partners directly into the intestacy rules, matching many of the automatic rights currently enjoyed by civil partners and spouses.

The proposed law changes introduce a new multi-tier qualifying framework based on the duration of your relationship, establishing clear thresholds for legal protection.

For couples without children, the new framework would grant eligibility for needs-based separation claims after 3 years of living together, with automatic intestacy rights applying after 5 years.

However, if a couple shares children, these timelines are accelerated: separation rights would apply immediately, and the surviving partner would become eligible for automatic intestacy rights after just 2 years of cohabitation.

The proposed framework also introduces financial remedies if a cohabiting relationship breaks down. If you meet the minimum time threshold (3 years, or immediately if you share a child), courts will have the power to award lump sums, property transfers, or pension shares—though these awards would be strictly limited to meeting basic financial needs rather than an automatic 50/50 asset split.

Inheritance Tax (IHT) Still Applies

These proposals however do not eliminate the tax inequalities between married and unmarried couples.

Even if the new law passes and grants you automatic inheritance rights, unmarried partners will still be subject to standard Inheritance Tax rules. You will face a 40% tax rate on any inherited assets over the standard £325,000 threshold. Spouses and civil partners remain completely exempt from this tax via the spousal exemption rule.

How to Protect Your Partner Today

While the 2026 consultation is a step forward for unmarried couples, it is still only a proposal. The consultation window closes on 14 August 2026, and any actual legislation resulting from it is unlikely to be drafted, passed, and enacted before 2028.

Leaving your partner’s security to future legal reforms is a massive risk. You can take complete control over your assets right now using established legal safety nets:

Write a Legitimate Will: A valid Will completely overrides the rules of intestacy. It allows you to explicitly state who gets your money, possessions, and property, ensuring your partner is fully taken care of without needing a courtroom. A Will written by a legal professional ensures the legitimacy of the Will and making sure its binding.

Draft a Cohabitation Agreement: A cohabitation agreement clearly sets out how you manage shared bills, property ownership, and assets during your relationship, and details exactly how things should be divided if you choose to separate.

Set Up a Declaration of Trust: If you are buying a home together or contributing to a mortgage on a property held in one person’s name, a trust deed legally records each partner’s exact financial share in that property.

Speak to Our Estate Planning Specialists

Protecting the person, you love shouldn’t be left to chance or delayed by shifting legislation. Our expert Wills, Trusts and Probate and Family Law teams can help you draft a water-tight Will or cohabitation agreement tailored to your household.

Let our teams help you put the right legal safeguards in place for your family’s future. Request a callback today or speak directly to a local legal expert by calling 0114 2743 481 or fill out our form below.