Life changes, but legal defaults do not. Cohabitation in the UK has risen sharply; ONS figures show cohabiting couples doubled to 3.3 million between 1997 and 2017. Many partners assume their joint years mean automatic protection. That is often not the case.
We will explain, in plain language, what good planning does and why it matters even when there seems to be no obvious heir. You will see how a missing Will or legal document can leave your partner exposed after decades together.
We set out the practical choices you may face: who inherits, who makes decisions if you lose capacity and how to protect your home and savings. We preview tools such as a Will, trusts and property ownership, and show where professional advice stops costly disputes.
For clear next steps, see our guide on estate planning for unmarried couples without children.
Key Takeaways
- Legal defaults do not protect most cohabiting partners—action is needed.
- A clear Will and ownership choices safeguard your partner and your home.
- Trusts and inheritance measures can reduce disputes and avoidable costs.
- Decisions on capacity and executors matter as much as who inherits.
- Professional advice helps close gaps and prevent future conflict.
Why estate planning matters for cohabiting couples in the UK
A long shared life doesn’t automatically secure your partner’s rights after you die. Cohabiting households rose to 3.3 million by 2017 (ONS), so more people now face the gap between their relationship and the law.
The rise of cohabitation and why you should act now
More people live together rather than marry. That shift makes planning more urgent, not less. The legal defaults still favour married couples. So waiting risks leaving your partner without quick access to money or the right to stay in your home.
What good planning covers when you have no direct descendants
Planning covers much more than a single document. It sets out who gets your home, savings, pensions, personal items, digital accounts and even care or funeral wishes.
Without clear steps, the survivor may need to apply to court for provision. That adds delay, cost and stress when people need stability most.
How planning protects your partner and your long-term wishes
Early decisions keep day-to-day security in place. They help ensure your partner can pay bills, stay in the home and follow your wishes.
We recommend getting timely advice so you make the right choices about ownership, beneficiaries and roles such as executors or attorneys. For a practical starting point, see our guide on understand estate planning in the UK.
- Decisions made calmly reduce conflict later.
- Clear rights give your partner real security.
- Professional advice helps place your wishes in the right legal way.
Know your legal position in England and Wales before you start
We begin by clearing up a common myth. The law in England and Wales does not recognise a “common law marriage”.
Why the “common law marriage” idea is a myth
Living together does not create automatic rights. Many clients tell us they assumed a long relationship meant legal protections. That is not correct under current law.
Informal promises can vanish on a death. Family members may make claims and paperwork decides who succeeds, not feelings.
What intestacy means and who inherits instead
Under intestacy in England and Wales an unmarried partner does not automatically inherit. If there is no spouse and no children, the estate passes to next of kin.
- Parents
- Siblings and half-siblings
- Grandparents, aunts, uncles and cousins
- If none, the assets go to the Crown
This can leave a surviving partner without money, home access or named beneficiaries. The practical result is delays, legal costs and painful disputes.
“Relying on goodwill is risky; clear documents give your partner real protection.”
Write (and keep updated) a Will that reflects your relationship and priorities
A clear Will is often the single, most effective step to safeguard your partner’s future. A Will stops the legal default rules sending your estate to next of kin. That means you can name the people and groups you want to benefit.
How a Will prevents your estate passing to next of kin by default
Without a Will, distribution follows strict rules and cannot reflect personal preferences. A Will lets you leave gifts to a partner, friends or charity instead of distant relatives.
Choosing beneficiaries when you don’t have children
Think through who should be a beneficiary. You may wish to provide for your partner first, then wider family or charities. Small, specific gifts can reduce disagreement.
Protecting a surviving partner’s security
Set practical arrangements: name executors, specify a share of savings or property, and state who can stay in the home. These choices give immediate security and reduce the chance of a dispute.
Using a letter of wishes to support personal choices
A short letter of wishes can explain why you made certain decisions. It is not legally binding, but it helps beneficiaries understand sentimental allocations and funeral preferences. Keep it with your Will and update it over time.
| Practical step | Why it matters | Simple action |
|---|---|---|
| Name an executor | Speeds administration | Choose someone organised and trusted |
| Specify shares | Reduces family disputes | State percentages for cash and property |
| Write a letter of wishes | Gives context to gifts | Describe sentimental items and funeral preferences |
| Review regularly | Reflects life changes | Update after moves, bereavement or retirement |
We also recommend you keep your Will updated and read guidance on what happens if there is no. Regular review brings peace of mind and protects the people you care about.
Use trusts to control inheritance, protect a partner and manage assets
A trust can be a practical tool when you want to protect a partner but keep options open for the future. It lets you give access and income without handing over full ownership immediately.
When a trust suits better than an outright gift
Trusts reduce risk. If one person paid more towards a property or has separate savings, a trust can reflect that share while still helping the survivor.
Discretionary trusts and flexible beneficiary rules
A discretionary trust can name your partner as a potential beneficiary. That keeps decisions flexible if circumstances change and can help use the nil rate band on first death.
Life interest arrangements to protect occupation rights
Life interest trusts let a surviving partner live in the home for life while the deceased’s share is controlled for later beneficiaries. This protects occupation without losing ultimate control.
Ringfencing assets and care considerations
Trusts can ringfence funds to reduce the risk of them being used to meet care costs. These steps need careful advice so you do not create unintended tax or means-test issues.
- Clearer control of assets and property shares
- Flexibility to include a partner without an outright gift
- Useful as part of nil rate band and wider tax planning
For practical next steps, see our estate planning for unmarried couples guide.
Inheritance tax planning for estate planning for unmarried couples without children uk
A surprisingly high bill can arrive after a death if allowances are missed. We explain the basic numbers and the practical risks that hit cohabiting partners hardest.
Nil rate band and the 40% rate
The current nil rate band is up to £325,000. Assets above that level may be taxed at 40%.
That includes property, savings and many investments. A home with significant value can push an estate over the threshold quickly.
Why married couples get relief and others do not
Married couples benefit from a spouse exemption and can transfer unused nil rate band allowances when one partner dies. Cohabiting partners do not have these rights.
That means a survivor can face a tax charge which a married person would avoid.
Residence nil rate band — the common gap
The residence nil rate band adds up to £175,000 but only when a qualifying home passes to direct descendants.
Without children or grandchildren, this allowance usually does not apply. That often leaves a significant shortfall for the surviving partner.
“Check allowances now. Early action reduces the chance of forced sales or urgent borrowing.”
Practical risks and common solutions
- Hidden liability: a valuable house plus savings can exceed combined allowances.
- Double-tax risk: if the survivor inherits and later dies, the same value may face tax again.
- Routes advisers discuss include careful gifts, trusts and ownership structuring.
Our aim is simple: help you reduce the chance the survivor must sell the home or liquidate assets soon after a death. Speak to an adviser to see which options suit your situation.
Protect the home with the right ownership and beneficiary arrangements
How you hold the title to your house can change who ends up living there and who inherits its value.
Joint tenants or tenants in common — what changes on death
Joint tenants mean the property passes automatically to the surviving owner. That is simple and gives immediate security to a partner.
Tenants in common lets each person keep a defined share that passes under their Will or trust. This suits unequal contributions or separate assets.
Align ownership with wills and trust arrangements
Your deed and your Will must match. If they conflict, the way the title is held often wins on the house.
If one partner put in a larger deposit, tenants in common can record that share. A trust can then let the survivor live there while protecting other assets.
Reduce the risk the survivor must sell to meet liabilities
Inheritance tax and other costs can force a sale. Life insurance written into the right trust can create cash to meet a bill. That helps keep the home where it belongs.
- One partner moves into the other’s property — consider joint tenancy for occupation security.
- Uneven payments — tenants in common records the share and avoids disputes.
- High-value property and tax risk — life cover can provide funds to settle liabilities.
Practical tip: check deeds, update documents and speak to advisers so your ownership choices match the protection you want.
Conclusion
Practical choices now prevent confusion and delay when someone is grieving. Good steps turn care into clear instructions that work when you are no longer able to act.
Without proper estate measures, your partner can face uncertainty, legal delay and unwanted outcomes. That risk matters to the people who share your home and savings.
Use three joined-up tools: a clear Will, sensible trusts and the right property arrangements. Together they protect assets, reduce tax risk and speed up decisions.
Start small. List your assets, name who should benefit and seek professional advice where matters feel technical. Review your plan as life changes so it keeps pace with your relationship and future needs.
We are here to help you make those choices with confidence.