Estate Planning for Unmarried Couples: Your Complete Guide
Protect Each Other When the Law Doesn't Automatically Do It
Protect Each Other When the Law Doesn't Automatically Do It
Many unmarried couples live together for years, share a home, raise children and build a life together. Unfortunately, the law in England and Wales does not treat unmarried partners the same way as married couples or civil partners.
If one of you dies without the right documents in place, the surviving partner can be left in a very vulnerable position, even after decades together.
Please note: This guide relates to the law in England and Wales. There is currently a government consultation on possible reforms for cohabiting couples, but the existing rules still apply.
Married couples and civil partners have a range of automatic legal protections. Unmarried couples do not. Without proper planning, an unmarried partner:
Good estate planning gives you the chance to decide what should happen, rather than leaving it to fixed legal rules that do not recognise your relationship.
If you die without a valid Will, you are said to have died intestate.
Under the current intestacy rules in England and Wales, an unmarried partner inherits nothing, no matter how long you have lived together or whether you have children. The estate generally passes in this order:
Your partner is not on this list.
The only realistic way to ensure your partner inherits is to make a valid Will that clearly sets out your wishes.
Making Wills is the single most important step for most unmarried couples. Your Will can leave assets to your partner, appoint guardians for any children, name executors you trust, and include trusts if needed (for example, to protect children's inheritances). Mirror Wills are often used by couples who want broadly similar wishes.
An LPA allows you to appoint people you trust to make decisions if you lose mental capacity. Without an LPA, your partner has no automatic right to manage your finances or make certain health and welfare decisions for you. They may need to apply to the Court of Protection, which can be time-consuming and stressful. Most unmarried couples benefit from having both a Property and Financial Affairs LPA and a Health and Welfare LPA.
How you own your home is critical. Property can be held as Joint Tenants, where the whole property automatically passes to the surviving owner, or Tenants in Common, where each person owns a defined share that can pass under their Will. Many unmarried couples prefer Tenants in Common so they can control who inherits their share, for example, protecting children from a previous relationship while still allowing a partner to live in the home. A Declaration of Trust can also record each person's financial interest in the property.
Married couples and civil partners benefit from a full Inheritance Tax exemption on assets left to each other. Unmarried partners do not.
This means that leaving assets to an unmarried partner can trigger Inheritance Tax in situations where a spouse would pay nothing. Careful planning, including the use of available allowances, lifetime gifts and, in some cases, Trusts, can help manage this risk.
"We've lived together for years so we're protected under common law marriage."
There is no such thing as common law marriage in England and Wales. Living together, even for decades, does not give you the same inheritance rights as a married couple.
"My partner will automatically inherit the house."
Only if the property is owned as Joint Tenants, or if your Will leaves it to them. If the property is in one person's sole name or owned as Tenants in Common, the position can be very different.
"We don't need Wills because everything will go to the other person."
Without Wills, the intestacy rules apply and your partner inherits nothing.
"We can sort this out later."
An accident or illness can happen at any age. The best time to put arrangements in place is while you both have full mental capacity and clear wishes.
"Making a Will is only for older people or people with lots of money."
A Will is about control and protection, not just the size of your estate. It is especially important when the law does not automatically protect your partner.
At Swift Legacy Estate Planning Consultancy, we regularly work with unmarried couples who want clear, practical protection for each other.
We can help you:
Our approach is straightforward: we explain the options in plain English, recommend what is appropriate for your circumstances, and help you put the right arrangements in place.
Alongside Wills and LPAs, a Cohabitation Agreement (and Declaration of Trust, where relevant) can set out how you share property, finances and responsibilities while you're both still alive.
| Cohabitation Agreement | From £375 |
Per couple, all-inclusive, covering a bespoke document tailored to your circumstances, professionally drafted and legally checked.
Protect Each Other With Clear Planning
Unmarried couples often assume the law will protect them in the same way it protects married couples. It does not. By putting the right documents in place, especially Wills and Lasting Powers of Attorney, you can give each other security and peace of mind that the law itself does not provide.
This article is provided for general information only and does not constitute legal, financial or tax advice. The law relating to cohabiting couples may change in the future. Individual circumstances vary, and appropriate professional advice should be obtained before making decisions about your estate plan.
Book a free, no-obligation consultation and let's talk through your options.