Does a Common Law Wife Inherit if Her Partner Dies?

Firstly, English Law does not recognise the term “common law wife” at all.

Therefore, even if you have lived with somebody for twenty or thirty years if they die without making a will then the monies will pass in accordance with the rules of intestacy which mean moneys going to an estranged adult child of theirs, a parent or even a spouse they have not divorced!

What can be done?
1. The most obvious way to avoid this is for both parties to a relationship to make a will. Simple wills professionally drafted often cost less than a hundred pounds and can be done quickly.
2. If a will has not been made, there are still a couple of things that can be looked into. Firstly, if the family home was owned just by the deceased the other person may be able to claim if they have contributed towards the purchase of or the mortgage on that property, or if there is evidence of an agreement to share the value of the property. Secondly, if the cohabitation has been at least two years a claim could be made under the Inheritance Act for a share of the estate. Both of these options are complicated areas of law that require specialist legal advice.

Clearly a will is the cheapest and most effective option and is a document everyone should have regardless of their circumstances. For any advice or assistance with getting an affordable will drafted, take a look at the services we offer here.