what if I'm not married and my partner dies?

If you’re not married or in a civil partnership and your partner dies without a will, you have no automatic right to inherit anything from them. It doesn’t matter how long you’ve been together or whether you have children. Their estate goes to their relatives under the intestacy rules, and your only option is to make a claim through the courts. The simple fix is for each of you to make a will.

I’ll say that again, because a lot of people genuinely don’t believe it: there’s no such thing as common-law marriage in England and Wales. Living together for twenty years doesn’t give you the rights of a husband or wife.

what happens to the house?

It depends on how it’s owned.

Say Dan and Laura live together in Sheffield. They’re not married, they have a young son, Alfie, and they’ve been together for twelve years.

If the house is in Dan’s name only and he dies without a will, Laura doesn’t inherit it. Under the intestacy rules, Dan’s estate goes to Alfie. Because Alfie is a child, it would be held for him until he’s 18. Laura could be living in a house she doesn’t own, with no say over it.

If Dan and Laura own the house together as joint tenants, Dan’s half passes to Laura automatically, outside any will. That’s one of the few things that works in her favour without a will.

If they own it as tenants in common, Dan’s share goes through his will. With no will, it goes to Alfie under the intestacy rules, not to Laura.

what if we don’t have children?

Then it’s often worse. If Dan had no children, his estate would go to his parents. If they’d died, his brothers and sisters. Laura would get nothing, and could end up sharing a house with Dan’s family, or being asked to sell it.

can my partner make a claim?

Yes, but it’s not easy. The Inheritance (Provision for Family and Dependants) Act 1975 lets certain people ask the court for a share of an estate. A cohabiting partner can usually claim if you lived together as a couple for at least two years right before the death, or if they were being supported financially.

But a claim like that is stressful, expensive and slow. You’d be taking your partner’s family to court while you’re grieving. And a cohabitee’s claim is limited to what the court thinks is reasonable for their maintenance, which can be much less than a husband or wife would get. There are also strict time limits for bringing a claim.

It’s a safety net with holes in it. It’s not a plan.

what about pensions and life insurance?

These often don’t go through your will at all. Many pensions pay out based on a nomination form, sometimes called an expression of wish. Check that your partner is named on yours. If you’ve a life policy, check whether it’s written in trust and who it’s set to pay.

so what should we do?

Make wills. It really is that straightforward. A will lets you leave whatever you like to each other, choose who looks after your children, and name the people you trust as executors.

For Dan and Laura, that might mean they each leave everything to the other, then to Alfie. Or, if they want to make sure Alfie is protected whatever happens later, they could put their share of the house into a trust that lets the survivor live there for life. You can see the options and prices on my wills page.

what if we get married later?

Good question, and easy to miss. Getting married cancels any will you’ve made, unless it was written with that marriage in mind. So if Dan and Laura make wills now and marry in three years, they’ll need new ones, unless I write their wills with the wedding in mind from the start. Just tell me if marriage is on the cards.

is there anything else we should think about?

Lasting powers of attorney. If one of you lost mental capacity, the other would have no automatic right to manage their money or make decisions about their care. That’s true even for married couples, and even more so if you’re not married.

If you’re not married and you haven’t got wills, please don’t leave it. I’ll come to you, anywhere within an hour of Worksop, and we can sort it in one visit. Book a home visit here.

This is general information, not legal advice for your situation. I’m not a solicitor — I’m a will writer, and I’ll tell you if you need one.