Unmarried couples who do not have Wills

In March 2025, a survey conducted by WillAid, the national Will-writing campaign, shone a light on England’s intestacy rules, and how they affect unmarried couples who do not have Wills.

This is really an area where the law has not kept up with what happens in everyday life in this country where many couples who live together are not married.

If a couple are married and do not have a Will, it is usual for the deceased assets to pass to the remaining spouse under the intestacy rules.

Under current legislation the surviving partner in an unmarried couple has no automatic right to inherit. This could make the surviving partner financially vulnerable.

There is a common belief that if a couple live together the law will regard the couple as a ‘common law’ husband and wife, but that concept ended a long time ago.

There are also many same sex couples living together now who are not married or have a civil partnership and the intestacy rules affect them too.

Unmarried couples with children should protect their wishes with a Will as it  may be a child or the children of a couple who inherits rather than the remaining partner.

WillAid found that 75% of cohabiting couples were unaware of what would happen to their assets if they passed away without a Will.

Couples who consult a Solicitor to make a Will can take proper advice to ensure their wishes are clearly documented. Wills give both partners peace of mind to ensure the loved one who survives will be provided for in the event of one of their deaths.

A guide to the prices for our Will writing services can be found here

Please call us on 0191 4555361 to make an appointment or email us at info@hannayslaw.co.uk