Wills for unmarried couples

Do not rely on the length of your relationship

There is no common-law marriage in England and Wales. Living together for many years, or having children together, does not create the same inheritance rights as marriage or a civil partnership.

If you want your partner to receive assets covered by your will, include them clearly. Think about what should happen if your partner dies first, and whether anyone else relies on you.

A possible claim after a death is not a substitute for planning. Such claims can involve costs, time limits and an uncertain result.

Check how you own your home

A will does not control every asset. For a jointly owned home, the type of ownership matters:

• Joint tenants: the property normally passes to the surviving owner outside the will.
• Tenants in common: each owner has a share which can pass under their will.

Check your ownership details and get advice if you are unsure. Do not change ownership just to match a simple example online.

If you rent, own a home in one name, or want a partner to stay in a home while children inherit later, ask about your specific position.

Balance your partner's and family's needs

List children, a former partner or anyone else who depends on your support. Tell your solicitor about gifts you want to make and any person you plan to leave out.

If either partner has children from an earlier relationship, read our blended-family guide. Leaving everything outright to a partner may not preserve what you hope children will receive later.

Also check who is named on pension or life-policy paperwork. Ask the relevant provider how those benefits are paid; do not assume your will decides.

Prepare for a useful conversation

• Find any existing wills.
• Check the names and ownership details for your home.
• List people who rely on either of you.
• Discuss who should receive what, and possible backups.
• Ask about the cost of advice and future changes.

Make your choices freely. If your wishes differ, each of you may need separate advice. Review your will if you later marry, form a civil partnership or separate.

Scotland and Northern Ireland have different rules. Find the right national guidance.