• Joint Tenants: Both owners hold equal shares. If one owner dies, the property automatically goes to the other, regardless of any will.
• Tenants in Common: Each owner holds a specified share of the property. The deceased person’s share can be passed on through their will (or by intestacy if there is no will).

Note: You can change the way you own a property (e.g. from joint tenants to tenants in common). If you’re unsure of your arrangement, check with the Land Registry or speak to a solicitor.

Under the intestacy rules, an unmarried partner is not recognised as a beneficiary. The estate typically passes to children or, if none, the deceased’s parents or other close relatives. If you owned the home as beneficial joint tenants, it will pass to you automatically. Otherwise, it may not.

Several key laws are relevant:

• Administration of Estates Act 1925 (Intestacy Rules): Governs how estates are distributed if someone dies without a will.
• Inheritance (Provision for Family and Dependants) Act 1975: Allows certain individuals, including cohabitees who lived with the deceased for at least two years before their death, to make a claim for reasonable financial provision if they are left out of the will or the partner died intestate.
• Trusts of Land and Appointment of Trustees Act 1996 (TOLATA): Addresses property disputes for unmarried couples.
• Lasting Power of Attorney: Relevant to decisions made if one partner becomes incapacitated, though not directly linked to death.

Yes. Writing a will is crucial for cohabiting partners to ensure that your chosen beneficiaries are protected and that your estate is distributed according to your wishes. If you have no will, the intestacy rules could exclude your partner from inheriting anything.

If you’re unmarried, you won’t automatically be considered your partner’s next of kin. Under intestacy rules, children are often considered next of kin. If there are no children, other close relatives (e.g. parents, siblings) are next in line.

Without a will, you have no direct entitlement to their assets. You could benefit from jointly owned assets, such as a property if it’s in joint tenants form, or if your partner named you a beneficiary on life insurance. In other cases:

• Intestacy rules determine inheritance.
• You might consider a claim under the 1975 Act if you lived together for two years and can prove you were financially dependent on your partner.
  Always consult a legal expert to understand your position clearly.

If there is no will and you are not included in the intestacy rules, your option is to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if you meet certain requirements. You may also inherit jointly owned property if registered as joint tenants, or specific named beneficiary assets like some life insurance policies.

• Child Inheritance: Children often inherit from an unmarried parent’s estate under intestacy rules.
• Child Arrangements: If you share children, you’ll need to consider who has parental responsibility. If you’re not named on the birth certificate (for example, unmarried father), you may need to secure parental responsibility formally.
• Financial Provision: If you believe there is insufficient financial provision for your children, you may apply under the 1975 Act.

The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) allows cohabiting couples to resolve property disputes after separation. It can also apply if one partner dies, leaving property ownership unclear. The law empowers courts to decide how property is shared or whether it should be sold.

• Cohabitation Agreements: Legally binding if drafted and executed correctly. Can cover finances, child arrangements, property ownership, and provisions for illness or death.
• Declaration of Trust: Addresses property ownership and division of equity if one partner dies or the relationship ends.
• Make a Will: The surest way to ensure your partner inherits from you if that’s what you wish.

HM & Co. Solicitors

If you’re unsure about your rights as a cohabiting partner or want to put legal protections in place, HM & Co. Solicitors can help. Our experienced team offers tailored advice to ensure your and your partner’s interests are protected, both in life and in the event of death.

Contact Us

• Address: 186 Lower Road, Surrey Quays, London SE16 2UN
• Telephone: 02071128180
• Email: info@hmsolicitorsltd.com

We’re here to help you secure peace of mind and protect your family’s future.