When a person dies without a valid will in England and Wales, the Rules of Intestacy — set out in the Administration of Estates Act 1925 — determine who inherits their estate. For unmarried couples, the outcome is stark: the surviving partner receives nothing, regardless of the length or depth of the relationship.
The Intestacy Hierarchy in England and Wales
The intestacy rules follow a strict hierarchy. First in line is the surviving spouse or civil partner, who inherits the entire estate or the first £322,000 plus personal possessions. Next are children, who inherit everything if there is no surviving spouse. Then come parents, siblings, and more distant relatives. An unmarried partner does not appear anywhere in this hierarchy.
What Happens to the Family Home?
The outcome for the family home depends on how it is owned. If the couple own the property as joint tenants, the right of survivorship means the property passes automatically to the survivor — outside the intestacy rules. But if they own it as tenants in common, the deceased's share passes under the intestacy rules to their blood relatives. The surviving partner could be forced to sell the family home to pay out those relatives.
Tenants in common is the default ownership structure for many couples who have taken legal advice on property ownership — particularly those with children from previous relationships. If you are tenants in common and do not have a will, your partner has no right to your share of the home.
Children from a Previous Relationship: The Biggest Risk
The most contentious intestacy scenarios arise where the deceased had children from a previous relationship. Under the intestacy rules, those children inherit the entire estate — leaving the surviving cohabitee with nothing. This is not a hypothetical risk: it is the default outcome under English law. A will with a life interest trust can balance the competing interests of the surviving partner and children from both relationships.