Unmarried Partners Rights After Death

If you are unmarried and your partner passes away, you may be unsure of your legal rights, particularly regarding property rights, inheritance and next of kin. In this article we look at the some of the key issues for unmarried partners rights after death, what an unmarried person will face after the death of their partner, and advice on how to protect your right.

If your partner passes away without a will (intestate), you, as an unmarried partner, generally have no automatic right to inherit their estate under intestacy laws. Normally the estate will be distributed to the deceased’s family members, leaving long-term partners without inheritance protection.

It is only married spouses or civil partners who automatically inherit. However, if you are unmarried, you may still have some legal recourse through a family provision claim under the Inheritance (Provision for Family and Dependants) Act 1975. However, this can be a complicated, lengthy and costly process.

If you have children together, they are typically entitled to inherit from their deceased parent’s estate, regardless of your marital status. If there’s no will, children may be entitled to an automatic share. However, if you wish to secure financial support or specific provisions for children, making a will or establishing a trust can provide clearer guidance and ensure the intended support.

Cohabitation laws do not offer the same inheritance rights to unmarried couples as those provided to married couples or civil partners. Though there are campaigns to improve cohabitation rights, existing protections are limited to arrangements and agreements set up in advance, such as cohabitation agreements, wills, or trust declarations.

A cohabitation agreement is a legally binding agreement which outlines each partner’s rights and responsibilities regarding finances, property, and assets. It is a proactive step to protect both partners and clarify arrangements if one partner passes away.

If you own a property as joint tenants, and one partner dies, the surviving partner will automatically inherit their share of the property, regardless of what  is set out in any will.  Owning a property as Tenants in Common means that, each partner owns a distinct share of the property, which can be passed on as specified in a Will. Opting for Tenancy in Common is particularly valuable if each partner wants to pass their property share to children or family members.

A Declaration of Trust records each partner’s financial contribution and/or shares of  property ownership. It is a useful legal document for unmarried couples, ensuring clarity on property shares if one partner dies.

TOLATA (Trusts of Land and Appointment of Trustees Act 1996) allows co-owners or claimants to apply to the court for property rights, a common step when proving entitlement to a shared property.

For legal purposes, next of kin is typically a blood relative or legal spouse / civil partner. Even if you have lived together for many years, an unmarried partner is not automatically regarded as next of kin without legal documents supporting this status.

Yes, creating a will is vital. By doing so, you ensure that your unmarried partner, children, or other beneficiaries inherit according to your wishes. Without a will, intestacy rules determine the estate distribution, leaving your partner without a direct claim.

As leading family lawyers in Milton Keynes, we can advise you about how unmarried couples can protect their rights, including cohabitation agreements and declarations of trust. In addition to our head office in Milton Keynes, we also have solicitors in Bicester, Watford, and Central London. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.