Do unmarried couples need a will? (England and Wales)

There is no such thing as a "common-law spouse" in England and Wales. However long you've lived together, if one of you dies without a will, the other has no automatic right to inherit.

What happens without a will

When someone dies without a valid will, the intestacy rules decide who inherits. They favour a husband, wife or civil partner, then children, then other relatives such as parents and siblings. An unmarried partner is not on the list.

A surviving partner who lived with the person for at least two years before the death may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. That means going to court, which is slow, stressful and not guaranteed — at the worst possible time.

What about our home?

It depends how you own it. Joint tenants: the home passes to the survivor automatically, outside the will. Tenants in common: each share passes under the will — or under intestacy, which may send it to family rather than the partner. Check your title at HM Land Registry if you're not sure.

What to put in place

• A will each — mirror wills are common for couples.
• Pension nomination forms naming your partner — these sit outside the will.
• Life insurance written in trust, where appropriate.
• Guardians named in the will if you have children under 18.

Getting married changes things

In England and Wales, marriage or civil partnership cancels an existing will unless it was made in expectation of that marriage. If you're planning a wedding, plan the will alongside it.

This is general information about the law of England and Wales, not legal advice. Scotland and Northern Ireland have different rules. If your situation is complex — a business, property abroad, a blended family — speak to a solicitor.