Do I Need a Will if I’m Married or Living With a Partner?
Marriage, civil partnership and living together can feel very similar in everyday life. In inheritance law they are not the same.
Marriage, civil partnership and living together can feel very similar in everyday life. In inheritance law they are not the same.
A spouse or civil partner has legal rights if you die without a will. An unmarried cohabiting partner does not automatically acquire those same rights, however long you have lived together.
That makes “my partner will get everything anyway” a dangerous assumption for some families.
If you are married or in a civil partnership
The intestacy rules can provide for a surviving spouse or civil partner, but that does not mean a will is unnecessary in every marriage.
The outcome depends on the estate and family circumstances. Where there are children, blended families, particular possessions, business interests or other wishes, the statutory distribution may not match what you intend.
A will also allows you to appoint executors and can address guardianship for children under 18.
If you live together but are not married or civil partners
There is no common-law-marriage status in England and Wales.
A cohabiting partner is not automatically included in the intestacy hierarchy simply because the relationship has lasted many years.
There can be separate legal claims in some circumstances after a death, but relying on a possible future claim is not the same as having clear arrangements in place.
Check how the home is owned
For many couples, the house is the largest asset and the ownership structure can be crucial.
Joint tenants normally means the deceased owner’s interest passes automatically to the surviving joint owner.
Tenants in common means each person owns a distinct share which can pass under their will or, if there is no valid will, under intestacy.
Do not infer the legal ownership from whose name appears first on a mortgage statement or from simply calling the house “ours”.
Marriage can affect an existing will
In England and Wales, marriage or formation of a civil partnership will usually revoke an existing will unless the will was made in contemplation of that particular marriage or civil partnership.
That means an old will should not simply be assumed to survive a later wedding.
Divorce or dissolution can also affect provisions concerning a former spouse or civil partner. Significant relationship changes are therefore sensible points to obtain legal advice and review existing arrangements.
Blended families deserve particular care
Suppose one partner wants the survivor to be secure but also wants children from an earlier relationship ultimately to benefit.
That is a real and common concern, but there is no responsible generic answer telling the family which legal arrangement to use.
This is where the MH360 boundary matters: we can identify the issue, but a professionally qualified legal adviser should consider ownership, family circumstances, tax and the individual’s wishes before recommending any structure.
The useful question is not simply ‘Do I need a will?’
Ask instead:
If I died under my current arrangements, who would inherit the assets I actually own and would that match what I want?
If you do not know the answer, that is a good reason to check your property ownership, existing documents and family circumstances and seek qualified advice.
Last reviewed
5 September 2026
Important legal informationThis guide provides general information only and does not constitute legal advice. It is not intended to recommend any particular legal arrangement, course of action or solution. Wills, inheritance, trusts, powers of attorney, mental capacity and related matters can have significant legal and financial consequences, and the appropriate approach will depend on individual circumstances. Professionally qualified legal advice should be sought before making, changing or acting upon important legal arrangements or decisions.