Unmarried Couples and Cohabitees: What a Wills and Probate Lawyer London Says

There is a common belief that living together for many years creates a form of “common-law marriage”. It does not. In England and Wales, an unmarried partner does not gain the same automatic inheritance rights as a spouse or civil partner simply because the relationship is long-standing, the couple share a home, or they have children together. GOV.UK confirms that common-law marriage does not exist in England and Wales.

For couples in London, the practical consequences can be serious. A flat in Holborn, a family home near Hampstead, savings in one name, a business interest or overseas property may all be dealt with differently when one partner dies. We therefore look at the Will, ownership of assets, tax position and wider wishes as one connected plan.

This guide explains the main risks and legal tools available. It is general information, not advice on a particular estate.

The Intestacy Trap: What Happens Without a Will

If someone dies without a valid Will, the Rules of Intestacy decide who inherits. They do not ask how long the couple lived together. They follow a statutory order based on legal family relationships.

HMRC’s current guidance states that, where the deceased is not married, unmarried partners do not inherit under the intestacy rules. Children or their descendants come first, followed by other relatives such as parents and siblings.

What that can mean in real life

·         Your partner may have lived in your home for twenty years and still have no automatic inheritance under intestacy.

·         If you own a property in your sole name, your partner does not become the owner simply because they live there.

·         Your partner cannot apply for probate merely because they were your partner; GOV.UK states that an unmarried partner is not entitled to apply on that basis.

·         Children or other relatives may become entitled to the estate instead.

This is why we treat a Will as the foundation of cohabitation planning. It lets you state who should inherit and who should take responsibility for administering the estate.

Your Home: Joint Tenants or Tenants in Common?

Property ownership needs its own review. A Will cannot simply override every form of joint ownership.

With a joint tenancy, the beneficial ownership normally passes by survivorship when one owner dies. With a tenancy in common, each owner has a distinct share, and that share forms part of their estate on death.

Ownership	What happens on death?	Planning point
Joint tenants	Survivorship normally applies.	Check whether survivorship matches your wider estate plan.
Tenants in common	The deceased’s share forms part of their estate.	Review the Will and, where appropriate, a Declaration of Trust.
Sole owner	The property remains in the owner’s estate.	A Will is especially important for the partner who lives there.

A London property may be the couple’s largest asset, so we recommend checking the Land Registry position rather than guessing from memory. If contributions, ownership percentages or separation arrangements are complex, a properly drafted Declaration of Trust can help record the beneficial interests.

The Inheritance Act 1975: A Safety Net, Not a Substitute for a Will

There is an important distinction between having no automatic inheritance right and having no possible legal remedy. A qualifying cohabitee may be able to apply for financial provision from an estate under the Inheritance (Provision for Family and Dependants) Act 1975.

For the cohabitee category, the current rule generally requires the couple to have lived in the same household as spouses or civil partners for the whole of the two years immediately before death. A person being maintained by the deceased may also fall within a different category.

The claim is not an automatic inheritance. The court considers whether the estate makes reasonable financial provision and has discretion over the outcome. The Government’s 2026 consultation also describes cohabitants as having limited inheritance rights where a Will or intestacy does not provide for them.

Why litigation is a poor first plan

·         It can be costly, particularly where property or business assets are disputed.

·         It can place the surviving partner against children, parents or siblings of the deceased.

·         The result is decided by the court, not by the couple’s original wishes.

·         Time limits can matter, so a potential claimant should obtain advice promptly.

In our view, family provision proceedings should be regarded as a legal remedy when planning has failed, not as the estate plan itself.

Inheritance Tax: Why Marriage and Cohabitation Are Different

Inheritance Tax is another area where marital status matters. The spouse or civil partner exemption is not available simply because two people live together. The tax position therefore needs to be considered separately from the succession position.

For an unmarried couple, leaving an estate to a partner does not create the same unlimited spouse or civil partner exemption. The estate may therefore face Inheritance Tax depending on its value, available reliefs and the nature of its assets.

For example, a high-value London home may sit alongside investments, business interests and other property. The calculation can become more complex when the estate includes trusts or assets outside the UK. A simple Will review may not be enough.

A useful distinction

Issue	Unmarried couple
Automatic intestacy inheritance	No automatic inheritance for the surviving cohabitee.
Spouse/civil partner exemption	Not available merely because the couple live together.
Will planning	A Will can name the partner as beneficiary.
Tax planning	Reliefs and exemptions must be assessed on the individual facts.

A Proper Will Should Do More Than Name Your Partner

A cohabitation Will should be designed around the real relationship and the assets involved. We normally consider several questions together.

·         Who should inherit the home or the deceased’s share of it?

·         Should the survivor have a right to live in the property for a period or for life?

·         Who should act as executor?

·         What happens if both partners die close together?

·         How should children from earlier relationships be protected?

·         Are there business interests, trusts or overseas assets?

·         Does the Will need to work alongside a Declaration of Trust or other agreement?

This matters particularly where a couple has children from previous relationships. The aim is often not simply “everything to my partner”. It may be to protect the survivor while preserving assets for children later. A carefully drafted Will can express that balance.

Cohabitation Agreements and Declarations of Trust

A Will deals with death. A cohabitation agreement can address the relationship while both partners are alive, including financial responsibilities and arrangements if the relationship ends. A Declaration of Trust can record beneficial ownership of property.

These documents are not interchangeable. Their purpose is different, and the wording needs to match the actual ownership and financial arrangements.

Imagine a couple buying a £1.5 million London property. One partner supplies most of the deposit while both contribute to the mortgage. If the ownership documents do not reflect what the couple intended, a dispute may arise later. A properly structured trust declaration can provide evidence of the agreed beneficial interests.

Life Insurance and Estate Liquidity

A Will may determine who receives an asset, but it does not necessarily create cash to meet an Inheritance Tax liability, mortgage or other estate expenses.

Life insurance can be considered as part of a wider plan. Where appropriate, a policy may be written in trust so that the proceeds are dealt with outside the deceased’s estate for relevant purposes. The precise tax treatment depends on the policy, trust structure and circumstances, so this should be coordinated with specialist advice.

The practical point is simple: a survivor may need liquidity at exactly the moment when the estate is least liquid. Planning for that gap can reduce pressure to sell a home or other long-term asset.

Lasting Powers of Attorney: Protection Before Death

Estate planning is not only about death. What happens if one partner is alive but cannot manage their own affairs?

A Lasting Power of Attorney lets a person appoint trusted attorneys to make decisions about property and finances, health and welfare, or both. GOV.UK confirms that these are separate types of LPA.

·         A Property and Financial Affairs LPA can cover bank accounts, bills, property and investments.

·         A Health and Welfare LPA can cover matters such as care, where someone lives and certain medical decisions.

·         A Property and Financial Affairs LPA can be drafted so attorneys act while the donor still has capacity, depending on the donor’s choice and the terms of the LPA.

·         A Health and Welfare LPA can only be used when the donor lacks the relevant mental capacity.

Being a partner does not itself give someone these powers. That is why LPAs deserve the same attention as the Will.

What Changes When the Couple Has Overseas Assets?

Cross-border estates add another layer. A London couple may own a home in England, a holiday property in Spain, a bank account overseas or shares in a foreign company. The Will, local succession law, tax rules and document requirements may all interact.

This is where a Notary Central London service can become relevant, particularly when documents need to be authenticated for use abroad. If a foreign authority requires notarisation or an Apostille Central London service, the document may need to follow a separate authentication route. That process is distinct from deciding who inherits under English law.

For an international family, we therefore prefer coordinated planning. The English Will should not be drafted in isolation from foreign assets or foreign succession documents.

Why Local, Specialist Advice Matters in London

Cohabitation planning is rarely just about one document. It can involve Wills, property, trusts, tax, LPAs, probate and, for internationally connected families, notarisation and legalisation.

For clients around Holborn, Chancery Lane, Farringdon and the City, a central practice can bring these strands together without turning the process into a maze of disconnected appointments.

At Staple Inn Notaries & International Lawyers, we approach the work from the perspective of the family’s actual assets and wishes. Where a matter also involves overseas documents, our notarial and international work can sit alongside the estate planning discussion.

A Clear Planning Framework for Cohabiting Couples

Planning area	Question to answer	Why it matters
Will	Who should inherit and who should administer the estate?	Avoids relying on intestacy.
Property	How is the home owned?	Determines what happens to the deceased’s interest.
Trust declaration	Do the beneficial shares match contributions and intentions?	Provides evidence of beneficial ownership.
Cohabitation agreement	What happens to finances and property during the relationship or after separation?	Clarifies expectations.
IHT review	What tax may arise on death?	Unmarried partners do not receive the spouse exemption.
LPA	Who can act if capacity is lost?	Protects financial and welfare decisions during life.
International assets	Which country’s rules and documents are involved?	Reduces cross-border conflict and document problems.

Protecting Your Partner Starts Before There Is a Crisis

The hardest estate problems are often the ones that could have been avoided with a conversation and a few well-drafted documents. For an unmarried couple, the central question is not whether the relationship is genuine. It is whether the law has been given clear instructions about what should happen.

At Staple Inn Notaries & International Lawyers, we can review the Will, property ownership, trusts, LPAs and wider estate structure as a connected plan. Where international assets or documents are involved, we can also consider the notarial and authentication requirements that may arise.

Frequently Asked Questions

Do common-law marriages exist in England and Wales?

No; living together for any length of time does not create the legal status of a spouse or civil partner.

Will my unmarried partner inherit if I die without a Will?

No, not automatically under the intestacy rules, although a qualifying partner may have a potential family provision claim.

Can my partner inherit our jointly owned home?

It depends on how the property is owned, because joint tenancy and tenancy in common have different consequences on death.

Can an unmarried partner make decisions if I lose mental capacity?

Not automatically; an appropriate Lasting Power of Attorney should be made while you have capacity.

Does an unmarried partner receive the spouse Inheritance Tax exemption?

No, the spouse or civil partner exemption does not apply simply because two people cohabit.