What Rights Does an Unmarried Partner Have When Someone Dies?

Recent reports surrounding the estate of French actress and animal rights campaigner Brigitte Bardot have highlighted an important issue that affects many couples closer to home: what rights does an unmarried partner have when someone dies?

According to media reports, Bardot’s long-term partner of more than 30 years was not provided for under her Will. While this case relates to France, where the legal position differs from that in England and Wales particularly in relation to testamentary freedom, it serves as a useful reminder that unmarried couples should not assume they have the same legal rights as married couples or civil partners.

The Myth of the “Common Law Spouse”

Many people believe that living together for a long period of time automatically gives them the same legal rights as a married couple. This is often referred to as being a “common law spouse”.

However, there is no legal status of common law marriage in England and Wales. This can come as a surprise to couples who have shared a home, finances and family life for many years.

What Happens if There Is No Will?

If someone dies without a valid Will, their estate is distributed according to the rules of intestacy.

Under these rules, unmarried partners do not automatically inherit, regardless of how long they have been together.

Instead, the estates passes in accordance with the rules of intestacy, initially to children, then to parents; following a strict order of priority.  

This can lead to outcomes that may not reflect the deceased’s wishes and create additional stress and uncertainty for those left behind.

Can an Unmarried Partner Make a Claim?

In some circumstances, an unmarried partner may be able to bring a claim against an estate if they have been financially dependent on the deceased or were living with them as a couple before their death.

Whether a claim is likely to succeed Will depend on the specific facts of the case and legal advice should be sought as early as possible.

Protecting Your Loved Ones

For unmarried couples, estate planning is particularly important.

Simple steps such as making a Will, reviewing it regularly and taking advice on property ownership can help ensure that your wishes are carried out and that those closest to you are protected.

While many people assume their partner will be looked after automatically, this is not always the case.

How We Can Help

Our Wills, Trusts & Probate team regularly advises individuals and families on Wills, estate planning and inheritance matters. We can help you understand your options, ensure your wishes are clearly documented and provide practical advice tailored to your circumstances.

If you would like to discuss your estate planning arrangements or review an existing Will, please contact us.

About the Author

Lucy is a solicitor in Machins Solicitors’ Private Client team, advising clients on Wills, Powers of Attorney, and Probate matters. She holds a First-Class Honours degree in Law from the University of Liverpool and a Master’s in Law from the University of Law where she received a Distinction. Lucy joined Machins in 2024 and is recognised as a Recommended Lawyer in The Legal 500 2026.