Assumption: "If my partner dies without a will, I'll automatically inherit their share, or at least be entitled to stay in our home."
1 min readThis content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
What People Expect
Long-term unmarried partners often assume that if the other dies without a will, they'll automatically inherit their share of the estate, or at least be able to stay in the home, in the same way a spouse would.
Court Reality
Unmarried partners have no automatic right to inherit under the intestacy rules, no matter how long they lived together. If the property was held as beneficial joint tenants, the survivor keeps it through survivorship, but otherwise the deceased's share passes to their children, parents, or other relatives under the intestacy rules, not automatically to the surviving partner. A claim under the Inheritance (Provision for Family and Dependants) Act 1975 may be possible, but it's a claim you have to bring, with a strict six-month time limit from the first grant of representation (where there is no will, letters of administration), not an automatic entitlement.
This insight was contributed by someone who has been through the family court system. Bridge The Gap is deeply grateful to everyone who shares their experience — your honesty helps bridge the gap for the next person still in it.
Download the card and post it on Facebook, LinkedIn, or wherever you're active. Every share helps another litigant find this before their hearing.
The Gap?
"If my partner dies without a will, I'll automatically inherit their share, or at least be entitled to stay in our home."
Court Reality
Unmarried partners have no automatic right to inherit under the intestacy rules, no matter how long they lived together. If the property was held as beneficial joint tenants, the survivor keeps it through survivorship, but otherwise the deceased's share passes to their children, parents, or other relatives under the intestacy rules, not automatically to the surviving partner. A claim under the Inheritance (Provision for Family and Dependants) Act 1975 may be possible, but it's a claim you have to bring, with a strict six-month time limit from the first grant of representation (where there is no will, letters of administration), not an automatic entitlement.
Experienced a gap between what you thought you knew about family court and the reality? Share your own and get credited.
familycourtbridge.org
Navigating court alone?
A McKenzie Friend can help you make sense of this in the context of your own case.
Find your supportCookie Consent
We use essential cookies only to provide you with the best experience on our website. No tracking or analytics cookies are used.