I hear it at least three times a week. "Oh, we don’t need Wills, Steve. We’ve been living together for fifteen years. We’re basically married anyway, the law treats us as common-law spouses, right?"
My response is usually a deep breath and a polite, slightly weary smile. Because here is the cold, hard, legal truth in 2026: The "Common Law Spouse" does not exist. It is a legal ghost. A phantom. A myth that carries enough weight to sink your financial future and leave your partner in a world of avoidable grief.
If you are unmarried and living with a partner, you are actually the person who needs a Will the most. While married couples have the "safety net" (I use that term loosely) of the Intestacy Rules, you have… well, nothing. You have the legal status of a complete stranger to your partner’s estate.
Let’s dismantle the myths and look at the "legal mess" (as I like to call it) that happens when you don't take control.
The Intestacy Trap: Why the Government Doesn’t Care About Your Long-Term Relationship
When you die without a Will, you die "intestate." At this point, the government’s 1925 rulebook (which, let’s be honest, is showing its age) steps in to decide who gets your stuff.
For a married couple, the spouse is top of the list. But for an unmarried couple? You aren't even on the list. You aren't in the stadium. You aren't even in the car park.
Instead, your assets will crawl their way through a hierarchy of blood relatives:
- Your children (if you have them).
- Your parents.
- Your siblings.
- Half-siblings, nieces, nephews… you get the idea.
Your partner of twenty years? They get exactly zero. Not the house, not the car, not the savings account, and certainly not the sentimental items. If you want to ensure your partner is looked after, a Will is no longer optional; it is essential. That said, they can of course take your legal family (usually the kids) to Court and obtain a handsome settlement in most cases at vast cost to everyone involved. £100,000 in legal fees is common.
The House: Will Your Partner Be Homeless?
This is where things get truly "cynical," as I often say. Most people assume that because they live in a house together, the survivor just stays there. Not necessarily.
If the house is in your name only, and you die without a Will, that house belongs to your blood relatives. Your partner could literally be evicted by your estranged brother or a distant cousin they’ve never met. (Cue the awkward family reunions from hell).
Even if you own the house together, the way you own it matters:
- Joint Tenants: The house passes to the survivor automatically. (Sensible from this point of view if not from others).
- Tenants in Common: Your "half" of the house follows your Will, or the Intestacy Rules if you don't have one.
I’ve seen cases where a surviving partner has had to sell their home to pay out the deceased partner’s parents because there was no Will in place. It’s a tragedy that takes about thirty minutes of paperwork to avoid. You can read more about avoiding arguments over your Will here, but the best way to avoid a fight is to not leave a legal vacuum in the first place.
The "Next of Kin" Myth in Hospitals
We’ve all seen the medical dramas where the doctor comes out and asks for the "next of kin." In the real world, "next of kin" has no formal legal standing in the UK.
If you are incapacitated, your unmarried partner has no automatic right to make decisions about your care or even, in some strict scenarios, to be given information about your condition. The authorities will look to your blood relatives, the parents you haven’t spoken to in a decade, perhaps, to decide whether to switch off life support.
This is why I’m a huge advocate for making Lasting Powers of Attorney (LPA). A Will looks after your stuff when you're gone; an LPA looks after you while you're still here but can't speak for yourself. Without these documents, your partner is legally a bystander.
Inheritance Tax: The Unmarried Penalty
Let’s talk about money. HMRC loves unmarried couples. Why? Because you don't get the "Spousal Exemption."
Married couples can pass an unlimited amount of assets to each other on death without paying a penny in Inheritance Tax (IHT). They can also share their Nil Rate Bands (the tax-free threshold).
Unmarried couples? You each get your own £325,000 threshold (and potentially the Residence Nil Rate Band), but anything above that is hit with a 40% tax bill when it passes between you. If you haven't planned for this, your partner might be forced to sell the family home just to pay the taxman.
I’m wary of anyone who says IHT is only for the "super-rich." With property prices having shot up over the last few years, more and more "normal" families are falling into this trap. You need to be proactive. Check out our estate planning update for more on how these thresholds are catching people out.
What About the Kids?
If you have children from a previous relationship, or if you are not the biological parent of your partner’s children, the lack of a Will creates a "legal minefield."
Without a Will, you cannot appoint guardians. If both biological parents pass away, the court decides who raises your children. I don't know about you, but I’d rather choose my kids' guardians myself than leave it to a judge who’s never met them.
Also, if you have children, the Intestacy Rules mean that your assets might go directly to them (held in trust until they are 18). While that sounds nice, it might mean your partner doesn't have enough money to actually raise those children or keep the roof over their heads.
Digital LPAs and Modern Planning
It’s 2026, and the legal world is finally, slowly, painfully, dragging itself into the digital age. With the full implementation of the 2023 Powers of Attorney Act, we are seeing more streamlined processes. But "streamlined" doesn't mean "automatic."
I’ve seen a rise in sophisticated fraudsters trying to exploit the new digital systems, which makes it even more vital to have your documents drafted by a professional. Don’t rely on a DIY kit you bought for £20 online. If it’s not done right, it’s not worth the paper (or the pixels) it’s written on.
The "I’ll Do It Later" Syndrome
I get it. Thinking about death is miserable. Most people would rather do literally anything else, clean the gutters, file their taxes, or sit through a four-hour PowerPoint presentation on cardboard boxes.
But "later" often comes sooner than we think.
If you’re unmarried, a Will isn't just a document; it’s a love letter to your partner. It’s you saying, "I’ve made sure you’re okay. I’ve made sure you can stay in our home. I’ve made sure the taxman doesn't take your future."
How to Get It Sorted
The process isn’t as scary as you think. Here’s my pragmatic checklist:
- Check your property deeds: Are you Joint Tenants or Tenants in Common?
- Audit your assets: What do you actually own, and what is the IHT liability?
- Appoint Guardians: If you have kids, this is the most important thing you’ll ever do.
- Draft the Will: Be specific. Don't leave room for "contentious probate" (lawyer-speak for "family members suing each other").
- Get your LPAs in place: Don't leave your partner locked out of the hospital room.
If you’re ready to stop relying on myths and start relying on legal certainty, make a Will or Lasting Power of Attorney today.
At The Professional Will Writer, we specialize in making this stuff simple. No jargon, no stuffy offices, just straightforward advice that protects the people you love. You can find your local professional Will writer through us, and we’ll get it sorted.
So, do you really need a Will if you’re not married?
Only if you want your partner to inherit your estate, stay in your home, and have a say in your future. If you’re happy leaving it all to the taxman and your long-lost Uncle Derek… well, then you’re probably fine.
But if you actually like your partner? Just get in touch. We’ll help you fix it.
Want to dive deeper into the technical side? Check out our useful reading or our legal planning checklist for families.