A compassionate and practical guide for cohabiting partners — covering your legal rights, who inherits, inheritance tax without the spousal exemption, your home, and Inheritance Act claims.
This guide is part of ProbateHelp's First Steps guide cluster.
There is no such thing as a 'common law marriage' in England and Wales. No matter how long you have lived together, cohabitation does not give you the same legal rights as a married couple or civil partners. This misconception is extremely widespread and causes real financial hardship when a partner dies.
Possibly, if your partner died domiciled in England and Wales. One route requires living together as a couple in the same household throughout the two years immediately before death. Another may apply if they were maintaining you wholly or partly immediately before death. A claim normally has to be issued within six months of the first grant of representation; a later application needs the court's permission. Take specialist advice promptly, even if no grant has been issued.
If there is no valid will and no surviving spouse or civil partner, children normally inherit the net estate under intestacy, with descendants potentially taking a deceased child's share. Cohabitation alone gives you no intestacy share, but existing ownership rights and a possible financial-provision claim must be considered separately. If a valid will benefits you, a child may still apply for reasonable financial provision; that does not automatically invalidate the will.
Sole registered ownership does not settle every housing right. Check the will, any tenancy or occupation agreement, and evidence of a beneficial interest. An eligible Inheritance Act claim may also be relevant. Contributions can be evidence, but do not automatically create a share; a dispute may need a court decision. Get advice before agreeing to leave, signing anything or assuming the estate can remove you immediately.
If you are not the executor or administrator of the estate, you may struggle to access funds immediately. Some banks will release money directly to the funeral director on production of the death certificate and invoice, without requiring probate. For a joint account, tell the bank and follow its access and evidence process; access does not settle beneficial ownership of all the money. Funeral Expenses Payment may help if you are arranging the funeral and receive a qualifying benefit.