Wills for Unmarried Couples UK: Protect Your Partner

What this document is

A will is a legal document that sets out what should happen to your money, property, and possessions after you die. For married couples and civil partners, the intestacy rules provide a default safety net that passes much of the estate to the surviving spouse.

For unmarried couples, no such safety net exists. If you die without a will, your estate passes to blood relatives under a strict statutory order: children first, then parents, then siblings, and so on. Your partner of twenty years is not on that list.

A will changes this by letting you name your partner as a beneficiary, appoint them as an executor, leave specific gifts, and create trusts to protect children from previous relationships. It is the single most important piece of paperwork an unmarried couple can put in place, and it takes precedence over the default rules that would otherwise apply.

How to use this document

1. Take stock of what you own. List your property, savings, pensions, life insurance, vehicles, and anything of sentimental or financial value. Note whether assets are held in your sole name or jointly with your partner, because joint tenancies pass automatically to the survivor and sit outside the will. This picture shapes every decision you make next.
2. Decide who should benefit. Think about your partner first, but also consider children from current or previous relationships, other family members, and any charitable gifts you want to include. If you have children under 18, you will also need to think about who should look after them and who should manage any money left to them until they reach adulthood.
3. Choose your executors carefully. Executors are the people who sort out your estate after you die, paying debts, dealing with HMRC, and distributing what's left. Many unmarried couples name each other, often with a backup executor such as a trusted friend, sibling, or professional. Pick people who are organised, trustworthy, and likely to outlive you.
4. Think about inheritance tax and the family home. Unmarried couples do not benefit from the spouse exemption that lets married partners inherit tax-free, which can create a significant inheritance tax bill on larger estates. If you own property together, check whether you hold it as joint tenants or tenants in common, because this fundamentally changes what happens on death. Trusts can help ring-fence a share for children while still letting your partner live in the home.
5. Get the will signed and witnessed properly. A will must be in writing, signed by you, and witnessed by two independent adults who are not beneficiaries or married to beneficiaries. Get the formalities wrong and the will can be invalid. Store the original somewhere safe, tell your executors where it is, and review it after any major life event such as buying a home, having a child, or separating.

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