The Estate Registry (TER), which provides a range of services to ease end-of-life administration, is urging couples that cohabit to take action to avoid difficulties for their partner if one of them dies unexpectedly.
The recommendation follows a survey conducted by Will Aid which found that two thirds of those participating admitted they did not know what would happen if one of them died without leaving a will.
The survey, which was carried out during September and October 2025, showed that 68% of cohabiting couples did not understand the inheritance risks of intestacy – dying without leaving a will. Most wrongly assumed that partners would automatically inherit from each other.
Howard Enders, Chief Operating Officer of The Estate Registry, which operates bereavement notification services NotifyNOW and Settld, along with end-of-life admin products InheritNOW and LegacyNOW says: “It’s estimated that across the UK there were 3.5 million cohabiting couples in 2024, an increase of 0.4 million over 10 years. That accounts for 17.7% of all family households.
“Those figures include all age ranges and many are property owners. More than half – 56% – have children under the age of 18. Many put off making a will because it may be complex, but they are leaving themselves and their families at risk by not doing so.”
The rules of intestacy govern how estates are distributed in the event of someone passing away. These rules prioritise spouses, civil partners and blood relatives, often leaving cohabiting partners with no legal right to inherit anything.
This could leave surviving partners facing significant financial difficulties, particularly in cases where they depend on the deceased’s home or finances.
Many cohabiting couples share a belief that following years of living together they have rights in “common law”, covering property and pensions. In fact, the law does not recognise “common law” spouses, even when they have lived together for many years and share children.
Enders continues: “One solution is having a survivorship clause drawn up ensuring the surviving partner automatically inherits the deceased’s share of any jointly-owned property.
“This avoids the costly and complicated process of the deceased’s share going to other family members, according to intestacy rules, which could force the remaining partner to become a co-owner with someone else.
“A survivorship destination overrides any will a person may have, meaning the property passes to the surviving partner even if a will names somebody else as a beneficiary. This can be an advantage for unmarried couples who want their partner to inherit their joint home.
“As a cautionary note, however, a survivorship agreement is binding. Once in place, it cannot be revoked unilaterally and requires the agreement of both title holders to be discharged.”
The Will Aid scheme takes place each November. Participating solicitors waive their fee, inviting clients to make a voluntary donation towards drawing up the documents.
