07868 588 798|g.stevens@castlefamilylegal.co.uk
    Castle Family Legal logo
    Wills

    Unmarried Couples and Estate Planning: Your Rights in 2026

    10 March 2026 Greg Stevens1 min read

    Summary

    Cohabiting couples have almost no automatic inheritance rights in England and Wales. Here's what you must do to protect each other.

    Key Takeaways

    • In 2026, approximately 3.6 million couples in England and Wales live together without being married or in a civil partnership.
    • If you die without a Will, your cohabiting partner inherits nothing under the intestacy rules.
    • Your partner could face the devastating prospect of losing their home, as your share of the property would pass to your next of kin.
    • Making a Will is the single most important thing unmarried couples can do.
    • It's worth noting that unmarried partners do not benefit from the spousal IHT exemption.

    In 2026, approximately 3.6 million couples in England and Wales live together without being married or in a civil partnership. Despite decades of campaigning, cohabiting couples still have almost no automatic inheritance rights.

    If you die without a Will, your cohabiting partner inherits nothing under the intestacy rules. Your estate passes to your children, parents, siblings, or other relatives — even if you've been together for decades and share a home.

    Your partner could face the devastating prospect of losing their home, as your share of the property would pass to your next of kin. They'd have no right to your savings, possessions, or any other assets.

    Making a Will is the single most important thing unmarried couples can do. Your Will can leave your entire estate to your partner, name them as executor, and include provisions for any children you have together.

    Beyond a Will, there are additional steps to consider: making sure any jointly owned property is held as joint tenants (so it passes automatically to the survivor), nominating your partner on your pension and life insurance, and putting LPAs in place.

    It's worth noting that unmarried partners do not benefit from the spousal IHT exemption. Everything you leave to your partner is potentially subject to IHT if it exceeds the nil-rate band. Trust planning and life insurance can help mitigate this.

    At Castle Family Legal, we help unmarried couples create comprehensive estate plans that give them the same level of protection as married couples. Contact us for a free consultation — it's never too early to protect the person you love.

    Enjoyed this article? Share it:
    Ocean background for Castle Family Legal consultation call-to-action

    Ready to Protect Your Family's Future?

    Book a free, no-obligation consultation with one of our friendly legal advisors today.