What happens to my partner if we're not married?

Under intestacy, cohabiting partners inherit nothing regardless of how long they have lived together. They may be able to apply to the court under the Inheritance (Provision for Family and Dependants) Act 1975 (England & Wales) for 'reasonable financial provision' — there is no guaranteed outcome.

Are step-children covered?

No — only biological and legally adopted children inherit under intestacy. A step-child who has not been adopted can apply under the 1975 Act if they were financially maintained by the deceased.

What if I just want to override intestacy after the death?

Beneficiaries can sign a Deed of Variation within 2 years of the death to redirect their inheritance — useful for tax planning or to provide for someone who would otherwise inherit nothing.

Bereavement

Intestacy rules: what happens when there's no will

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In short. When someone dies without a valid will ('intestate'), the law decides who inherits. In England & Wales a surviving spouse/civil partner gets the first £322,000 plus personal possessions, then half the residue, with the other half going to children. Unmarried partners inherit nothing under intestacy. Scotland and Northern Ireland use different statutory orders.

Intestacy is governed by the Administration of Estates Act 1925 (as amended) in England & Wales, the Succession (Scotland) Act 1964 in Scotland, and the Administration of Estates Act (Northern Ireland) 1955 in NI. The rules are mechanical — there is no discretion to consider the deceased's wishes.

Last reviewed: 26 May 2026Next review by: 26 November 20262 min read

England & Wales (from 26 July 2023)

Spouse/civil partner survives, no children — spouse gets everything
Spouse/civil partner survives with children — spouse gets personal possessions, £322,000 statutory legacy and half the residue; children share the other half (a 'statutory trust' for those under 18)
No spouse/civil partner — children inherit everything equally (statutory trust if under 18)
No spouse/civil partner or children — parents, then siblings, then half-siblings, then grandparents, then uncles/aunts, then half-uncles/half-aunts; if none, the estate passes to the Crown ('bona vacantia')
Cohabiting partners inherit nothing under intestacy

Scotland

Scotland has a more complex three-stage system: prior rights for a surviving spouse/civil partner (house up to £473,000, furnishings up to £29,000, and a cash sum); legal rights for the spouse and children (a fixed share of the moveable estate); and free estate distributed under the 1964 Act's statutory order. Scotland is the only UK jurisdiction where children have a fixed claim ('legitim') that a will cannot remove.

Northern Ireland

Northern Ireland's intestacy rules are similar to England & Wales but with different statutory legacies (currently £250,000 where there are children, £450,000 where there are none) and different shares of the residue.

FAQ

What happens to my partner if we're not married?: Under intestacy, cohabiting partners inherit nothing regardless of how long they have lived together. They may be able to apply to the court under the Inheritance (Provision for Family and Dependants) Act 1975 (England & Wales) for 'reasonable financial provision' — there is no guaranteed outcome.
Are step-children covered?: No — only biological and legally adopted children inherit under intestacy. A step-child who has not been adopted can apply under the 1975 Act if they were financially maintained by the deceased.
What if I just want to override intestacy after the death?: Beneficiaries can sign a Deed of Variation within 2 years of the death to redirect their inheritance — useful for tax planning or to provide for someone who would otherwise inherit nothing.

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