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Cohabiting Couples Wills UK: Why You Need One

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Part ofWills & Probate

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
If you live with your partner but have not married or entered a civil partnership, the law treats your relationship very differently from how most people assume. Years of shared bills, shared homes and shared lives count for surprisingly little when one of you dies without a will. The person you built your life with could end up with nothing from your estate, while distant relatives inherit instead. This is one of the most common and painful gaps in UK estate planning, and it catches families out every week. Putting a properly drafted will in place is the single most important step an unmarried couple can take to make sure their wishes are followed and that the person they love is looked after. This guide walks through what cohabiting couples need to know, from property ownership to inheritance tax, pensions and the myths that still confuse people.

What this document is

A will for cohabiting couples is simply a standard last will and testament, but drafted with the particular risks of unmarried partnership in mind. Where a married person can often rely on some fallback under the intestacy rules, a cohabiting partner cannot.

The intestacy rules, set out in the Administration of Estates Act 1925 and updated by later legislation, only recognise spouses, civil partners and blood relatives. An unmarried partner, no matter how long you have lived together, is invisible to those rules.

A will fixes that problem. It lets you name your partner as a beneficiary, decide who gets which assets, appoint guardians for any children, and name executors you trust to carry out your wishes. For couples who own a home together, have joint savings, or share responsibility for children from previous relationships, a will is not a nice-to-have. It is the mechanism that turns your intentions into legally binding instructions.

How to use this document

  1. Take stock of what you own and what you share. List your property, savings, pensions, life policies, investments and personal items. Note which assets are held jointly and which are in one name only. This picture is the starting point for deciding what you want to leave to your partner and what should go elsewhere.
  2. Check how you own your home. Find out whether you hold the property as joint tenants or tenants in common. Joint tenants pass their share automatically to the survivor outside the will. Tenants in common each own a defined share that passes under the will. This single point changes what your will actually needs to do.
  3. Decide who gets what, and who looks after it. Think about your partner, children, step-children, wider family and any charities. Choose executors who are organised and trustworthy, and name guardians if you have children under 18. Cohabiting couples often need to be more explicit than married couples because nothing is assumed in your favour.
  4. Get the will properly drafted and signed. A will must be in writing, signed by you and witnessed by two people who are not beneficiaries or married to beneficiaries. Mistakes at the signing stage are one of the most common reasons wills are challenged. Follow the formalities in the Wills Act 1837 carefully or use a professional service.
  5. Review it when life changes. Buying a property together, having a child, separating, or receiving an inheritance are all triggers to look at your will again. Unlike marriage, starting to cohabit does not revoke an earlier will, so an old will made before you met your partner may still be in force and cutting them out entirely.

Common questions

If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Common questions

Q Does common law marriage exist in the UK?
No. Common law marriage is a myth in England and Wales. No matter how long you have lived together, shared a surname or raised children, the law does not treat cohabiting couples as married. You do not acquire spousal inheritance rights, tax reliefs or automatic claims over each other's property simply by living together, which is exactly why a will matters so much for unmarried partners.
Q What happens if my cohabiting partner dies without a will?
Their estate is distributed under the intestacy rules, which only recognise spouses, civil partners and blood relatives. As a cohabiting partner you receive nothing automatically, even after decades together. You may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if you were financially maintained, but that means court proceedings, cost and uncertainty at the worst possible time.
Q Will my partner automatically inherit our home?
Only if you own it as joint tenants. In that case the survivor takes the whole property outside the will. If you own it as tenants in common, each of you owns a separate share, and your share passes according to your will or under intestacy. Many cohabiting couples are surprised to find their ownership structure does not match what they assumed.
Q Do cohabiting couples pay more inheritance tax?
Often yes. Spouses and civil partners can pass assets to each other free of inheritance tax and can transfer any unused nil rate band to the survivor. Cohabiting couples cannot. That means the second death in an unmarried couple can attract significantly more tax than for a married couple with the same wealth. Careful will drafting and lifetime planning can help reduce the impact.
Q What about my pension and death-in-service benefits?
These usually sit outside your will and are paid at the discretion of the scheme trustees. Most schemes let you complete a nomination or expression of wish form naming your cohabiting partner. Without that nomination, trustees may default to a spouse, civil partner or dependent child. Check every pension and employer benefit you hold and update the nominations whenever your circumstances change.
Q Can I leave everything to my partner if I have children from a previous relationship?
You can, but it needs thought. Leaving the whole estate outright to your partner means your children rely on your partner's will afterwards, and there is no legal obligation for them to pass anything on. Options such as a life interest trust over the family home can let your partner live there while preserving capital for your children. This is a common issue worth talking through properly.
Q Do I need a solicitor to make a will as a cohabiting couple?
You are not legally required to use a solicitor, but cohabiting couples often have more moving parts than they realise: property ownership, blended families, pensions, business interests and inheritance tax exposure. Getting independent help, whether from a solicitor, a will writer regulated by a recognised body, or a qualified adviser, reduces the risk of a poorly drafted will that fails exactly when your family needs it most.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.