Making a will when you're not married

This is general information, not legal advice. It covers England and Wales – Scotland and Northern Ireland have their own rules. For your own situation, talk to a solicitor.

Do unmarried partners inherit from each other?

Not without a will. Citizens Advice writes that unmarried partners can't inherit from each other unless there is a will, and that applies however long you have lived together and whether or not you have children. The rules of intestacy only give a share to a spouse or civil partner and to some relatives. See Cohabiting or married? for the full comparison.

Who inherits if there is no will?

• Children inherit first, in equal shares. If a child has died, their own children take that share.
• If there are no children, the parents inherit, in equal shares.
• Then brothers and sisters, then half-brothers and half-sisters, then grandparents, then uncles and aunts.
• If there is no one, the estate goes to the Crown as bona vacantia (Administration of Estates Act 1925, section 46).

A partner doesn't appear anywhere in that order. Nor do stepchildren: Citizens Advice notes that stepchildren who weren't adopted can't inherit under the rules of intestacy.

What happens to a home you own together?

It depends on how you own it. If you are joint tenants, the property automatically goes to the other owner when one of you dies, and you can't leave your share in a will. If you are tenants in common, your share doesn't go to the other owner automatically – it follows your will, or the rules of intestacy if there is none. Citizens Advice adds that money in a joint bank account goes to the surviving account holder. Read more in Buying a home together without being married.

Can a partner claim without a will?

Sometimes, through the court. The Inheritance (Provision for Family and Dependants) Act 1975 lets a partner apply if you lived together in the same household, as if you were married or civil partners, for the whole of the two years before the death. A partner who was maintained by the person who died can also apply. The court can only award what is reasonable for the partner's maintenance. The application should be made within six months of the grant of representation. It is a court case, so a will is the far simpler route.

Can children claim against a will?

A child of the person who died can apply to the court under the same Act if the will doesn't make reasonable provision for them, and so can someone who was treated as a child of the family. Talk it through together if you live in a stepfamily – what you want for each child is worth putting into words before you write it down.

How do you make a valid will?

• You need to be 18 or over.
• The will must be in writing and signed by you in front of two witnesses who are present at the same time. Each witness then signs (Wills Act 1837, section 9).
• GOV.UK says the witnesses must both be over 18 and have a clear view of you signing.
• A gift in the will to a witness, or to a witness's spouse or civil partner, is void (section 15). Choose two witnesses who get nothing – your partner shouldn't be one of them.

You can write a will yourself, but GOV.UK recommends advice if it isn't straightforward – and lists sharing a property with someone who isn't your husband, wife or civil partner as one of those cases. One place to store it is the national probate registry in Newcastle. Wherever you keep it, tell your partner where it is.

What about Inheritance Tax?

Spouses and civil partners can leave everything to each other without Inheritance Tax. Unmarried partners can't. Tax is normally 40 per cent on the part of an estate above the £325,000 threshold. Leaving your home to children or grandchildren can raise the threshold to £500,000.

When should you change your will?

If you marry each other, an earlier will is cancelled, unless it says it was made in expectation of that marriage (Wills Act 1837, section 18). GOV.UK lists separating as a reason to look at your will again, and suggests reviewing a will every five years and after any big change, and you change it with a codicil or a new will, signed and witnessed the same way. A cohabitation agreement is no substitute: the agreement is about what you own, the will about who inherits. The key words are explained in A glossary for couples who live together.