There is a pervasive myth of ‘ common law marriage ’. This is the belief that if you have been living together as a couple for a number of years ( usually 2 , though the figure varies ) you are treated as ‘ common law spouses ’. While some jurisdictions do have a concept similar to this , England & Wales is not one of them . In short if you are not married to your partner you have no automatic right to inherit from their estate if they die without leaving a will .

Where a person dies without a valid will the rules of intestacy ( Intestacy Article ) dictate how their estate will be distributed . In the case of a couple who are married and have no children the surviving spouse will inherit the whole estate . If they also have children then the spouse will receive the first £ 250,000 and half of what remains , with the

There can be some recourse though . An unmarried partner who finds themselves left out because their partner has died without a will may be able to apply to the court for provision under the Inheritance ( Provision for Family and Dependants ) Act 1975 . This Act allows certain categories of people to apply for provision from an estate when a deceased person ’ s will or inheritance failed to make ‘ reasonable provision ’ for them . A cohabitant is one of these people provided certain conditions are met .

A cohabitant can apply for provision as ‘ a person living as the spouse or civil partner of the deceased ’. To qualify they must have been living in the same household as their deceased partner , as though they were their spouse or civil partner , for the 2 years immediately before their death . This 2 year period must also be unbroken apart from reasonable exceptions such as illness requiring hospital care .

If you are cohabiting with your partner and wish to make sure that they inherit from your estate you should make a will .

The Society of Will Writers