Unmarried partners rights after death

It is never easy to think about the worst happening but getting your affairs in order will help prevent further distress for your family and ensure your wishes are met.

Couples who live together do not have the same legal rights as married couples or civil partners and is it important to understand, and deal with, the differences as they could impact on: 

  • Who is considered your next of kin for medical treatment and in medical emergencies 
  • Who can speak for you or look after your financial affairs if you lose capacity 
  • Inheritance tax planning 
  • Who inherits your assets 
  • Pension and death in service benefits 

What do you need to know

Couples assume that after spending their life together, they will be treated as “next of kin” if their partner becomes ill or dies.

Unfortunately, this is not the case and that assumption can have devastating consequences. For example, it could mean a hospital not being able to liaise with you in a medical emergency, it could mean not being involved in making long-term care plans for your partner and it could even mean not being able to make funeral arrangements.  

To avoid the stress and upset of finding yourself in this situation, there are some simple steps unmarried couples can take to make sure that others are clear about what their wishes are.  

Lasting power of attorney

A lasting power of attorney gives your chosen attorney legal access to, and authority over, your finances and personal care decisions for yourself in case you become unable to make these decisions for yourself. This could happen through illness or because of an accident. 

Cohabitation agreement

Cohabitation agreements set out how assets are owned and what happens on a separation. However, they can be much broader than this and include everything from who keeps the dog to who is nominated for death in service benefits through to who pays the bills. 

Declaration of trust

This is a legal agreement setting out whether a property is owned by one or both of you and, if it is in owned in joint names, in what proportions you own the property. It can be made when you and your partner buy a new property or it can be used to protect a property one of you has brought into the relationship by setting out that the other does not gain any interest in the property (or if they do, what that interest looks like). Declarations of trust are also used where family members provide money towards a deposit or improvements as they help protect the financial contribution made for example by setting out that it is to be paid back when the property is sold.  

​Will

will sets out what happens to your money, property, and possessions after your death. A will is important for couples who live together because the law treats cohabiting couples very differently from married couples. Dying without a will means the intestacy rules will decide who gets your assets and that will not include a cohabiting partner, however long you have lived together. 

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Get in touch

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Contact one of our lawyers today.

Our lawyers

We have extensive experience in advising on a wide range of issues that arise for unmarried or cohabiting couples especially those that are complex, tricky, or novel. We are well known for providing advice that is accessible, understandable and, most importantly, relevant.  

Our clients

Cohabiting couples are the fastest-growing family type in the UK. As a result, we help increasingly diverse clients, including:

  • Blended families
  • Same-sex families
  • Young couples
  • Parents and grandparents providing financial support to their children and grandchildren
  • Couples who are in business together
  • Professional and family trustees

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We understand that choosing a family law team can be difficult, but we like to keep things as simple and stress-free as possible. Here are some of the reasons you can trust us to act as your family solicitor:

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FAQs

Next of kin has no legal meaning but, in practice, hospitals and other organisations recognise spouses and close blood relatives as next of kin. Sometimes couples who live together aren't recognised as being next of kin, so you do need to check. 

You will not be treated as the next of kin unless your partner has made this clear. You are often asked to confirm your next of kin when you are admitted to hospital or when you register at a GP surgery and a lot of people now carry a next of kin card on them in case they are involved in a serious accident.  

A lasting power of attorney is particularly important for people that are living together as you are not treated in the same way as spouses and civil partners. Whereas a spouse/civil partner will always have authority to act as next of kin, cohabiting partners may not be recognised as next of kin. This is particularly crucial for health and welfare decisions. 

A power of attorney is a legal document that allows you to appoint one or more people to make decisions on your behalf. This could be because you have suffered a stroke or another illness or because of an unexpected accident and you have lost your mental capacity. It could also be because you are spending time abroad working or on an extended holiday.  

There are two types: 

  • Property and financial affairs - this gives your attorney the power to deal with matters such as your bank accounts, pensions, investments, or the sale of your house. 
  • Health and welfare - this gives your attorney the authority to make decisions such as what medical treatment you should receive, where you should live and whether you should receive life-sustaining treatment. 

Unless your partner makes a will either passing the property to you or making arrangements for you to stay in the property, then you will not be entitled to stay in the house after their death. The property will pass to their closest relative in line with the intestacy rules.