Why Unmarried Partners Must Make a Will

Because Tom had not made a Will, his estate was subject to the intestacy rules. Sarah, as his cohabiting but unmarried partner, inherits nothing automatically under these rules. 

Tom’s share of the house (£250,000), plus his £50,000 savings and other personal assets, passed entirely to his parents, as he had no spouse/civil partner or children.  

Sarah retained her own £50,000 savings and her share of the house (£150,000) and is now a co-owner of the house with Tom’s parents.  

1. Despite their 10-year relationship and shared home, Sarah inherits nothing from Tom’s estate.

2. Sarah then co-owned her home with Tom’s parents, who have very different ideas about what should happen to the property.

– They want to sell the house to realise their inheritance, potentially forcing Sarah to move out or buy them out.
– Even if they don’t decide to force the sale, decisions about maintenance, repairs, or plans for the house require agreement from all three parties.

3. Sarah, who relied on support from Tom’s income, now faces significant financial hardship.

4. Sarah, while grieving Tom, is simultaneously thrust into complex legal negotiations with his parents, creating immense stress and potential conflict.

5. Tom had no say in who inherited his assets, and his clear intention to provide for Sarah, his long-term partner, is completely overridden by the intestacy rules.

This case highlights why making a will is essential, particularly for unmarried couples. Without one, a surviving partner may have no legal right to inherit, leaving them vulnerable and potentially in conflict with their deceased partner’s family, even facing the prospect of losing their shared home.