Common-Law Partners: Inheritance And Your Rights

Common law marriage is a modern-day myth in the UK. Many people assume that after a certain length of time (five years or so) of cohabiting with a partner, the law will treat them as a married couple. However, this isn't recognised in English law. No matter how long you have been cohabiting with a partner, the law does not recognise you as such in any capacity. This means that, unless your partner leaves a will indicating that they wish for elements of, or their whole estate to pass to you, you will not automatically inherit any of their estate.

Common law partners are not automatically entitled to inherit their partner's estate

The legal right of a common-law partner upon the death of their partner will heavily differ from those of a married couple. Essentially, unless your partner leaves a will indicating that they wish for elements of, or their whole estate to pass to you, you will not automatically inherit any of their estate.

If one half of a common-law partnership were to pass away, then they and their estate would both be deemed to be 'intestate'. This means that the person that ultimately inherits their estate will be dictated by the laws of intestacy—with no consideration for what they may have wanted. Under the rules of intestacy, the estate of a deceased person without a legally binding last will and testament will be passed to their loved ones in the following order: married partners/civil partners, children, grandparents, aunties and uncles.

The only reliable way for an unmarried partner to inherit is via an official will.

Common law partners can inherit if their partner leaves a will

Common law partners do not automatically inherit their partner's estate. However, if their partner leaves a will, they can inherit. This is because common law marriage is not recognised in English law, so common law partners are not treated as married couples. Therefore, if a common law partner wants to inherit their partner's estate, they must ensure that their partner leaves a will indicating their wishes.

If one half of a common law partnership passes away without a will, they and their estate are deemed intestate. This means that the person who inherits their estate is dictated by the laws of intestacy, with no consideration for what the deceased may have wanted. Under these rules, the estate of a deceased person without a legally binding will is passed to their loved ones in the following order: married or civil partners, children, grandparents, and aunties and uncles. As common law partners are not recognised as married or civil partners, they are not eligible to inherit under the laws of intestacy.

It is important to note that anybody whose relationship with the deceased has ended will not be eligible to inherit anything, regardless of whether they are common law or married partners. Therefore, if a common law partner wants to ensure that their partner inherits their estate, it is essential to have a will in place.

Common law partners are not recognised in English law

In the absence of a will, the estate of a deceased person will be passed to their loved ones in the following order: married partners/civil partners, children, grandparents, aunts and uncles. Common law partners are not mentioned on this list, and so will not inherit under the laws of intestacy.

It is a common misconception that, after a certain length of time (usually around five years) of cohabiting with a partner, the law will treat a couple as married. However, this is not the case in English law, and no matter how long a couple has been cohabiting, they will not be recognised as married.

Common law partners are not considered under the rules of intestacy

Common law partners are not considered under the rules of intestatey. Intestacy is when a person dies without leaving a legally binding will. In this case, their estate will be passed to their loved ones in a specific order. This order is as follows: married or civil partners, children, grandchildren, grandparents, aunties and uncles, and then nieces and nephews.

Common law partners are not included in this list. This is because common law marriage is not recognised in English law. Therefore, the only way for an unmarried partner to inherit is via an official will.

If one half of a common law partnership passes away, their estate will be deemed to be intestate. This means that the person who inherits their estate will be dictated by the laws of intestacy, with no consideration for what they may have wanted.

Therefore, it is important for common law partners to make a will if they want their partner to inherit any part of their estate. Without a will, their partner will not automatically inherit anything.

Common law partners are not entitled to inherit if their relationship with the deceased has ended

The legal right of a common law partner upon the death of one half of the relationship will heavily differ to those of a married couple. Essentially, unless your partner leaves a will indicating that they wish for elements of, or their whole estate to pass to you, you will not automatically inherit any of their estate.

If one half of a common law partnership were to pass away, then they and their estate would both be deemed to be 'intestate'. This means that the person that ultimately inherits their estate will be dictated by the laws of intestacy — with no consideration for what they may have wanted. Under the rules of intestacy, the estate of a deceased person without a legally binding last will and testament will be passed to their loved ones in a specific order. A married or civil partner will only inherit under the laws of intestacy if they are officially in the partnership at the time of the deceased’s death.

The only reliable way for an unmarried partner to inherit is via an official will.

Frequently asked questions