Protecting unmarried partners: inheritance planning for international couples

For many couples, marriage or civil partnership is no longer the default. Partners may share a home, raise children, build wealth together and divide their time between countries without ever formalising their relationship. Emotionally and practically, their lives may be wholly intertwined. Legally, however, the position can be very different.

In England and Wales, there is no automatic inheritance right for an unmarried partner. The idea of a “common law spouse” remains a persistent legal myth. However long a couple has lived together, a surviving cohabiting partner will not inherit under the intestacy rules unless they are also named in a valid Will, own assets jointly in a way that passes automatically, or are otherwise protected by careful planning.

Why cohabiting partners are exposed

If someone dies without a valid Will, their estate is distributed according to a statutory order. That order recognises spouses, civil partners and blood relatives, but it does not recognise an unmarried partner. This can produce harsh results: a home may pass to children, parents or siblings; bank accounts in a sole name may be frozen; and the surviving partner may have no immediate right to continue living in the property they shared.

There may be a possible claim under the Inheritance (Provision for Family and Dependants) Act 1975, particularly where the surviving partner was living in the same household as the deceased as if married or in a civil partnership for at least two years before death, or where they were financially maintained by the deceased. But such claims are discretionary, fact-sensitive and often stressful. They are a safety net, not a substitute for planning.

The tax position can also be significantly less favourable. Spouses and civil partners benefit from important inheritance tax exemptions and transferable allowances. Unmarried partners do not receive the same automatic treatment, which can leave the survivor with tax liabilities at precisely the moment they are most vulnerable.

Why international couples face additional risk

The risks are magnified for international couples. A couple may live in England, own a property in Spain, have pensions in the UK, bank accounts in another jurisdiction, children from previous relationships, or different nationalities and domiciles. Each of those factors can affect which country’s law applies, who has authority to administer the estate, and how tax is charged.

In many European jurisdictions, succession law can be shaped by habitual residence, nationality, local forced heirship rules and regional tax regimes. The EU Succession Regulation, often referred to as Brussels IV, allows a person with relevant EU connections to choose the law of their nationality to govern succession in many circumstances, but it does not harmonise inheritance tax and it does not remove the need for carefully coordinated Wills.

Spain is a common example. Unmarried partners may assume that a jointly used property will pass automatically to the survivor, but Spanish succession and property rules can operate very differently from those in England and Wales. Regional rules on registered partnerships, inheritance tax and succession treatment can also vary considerably. For British couples with UK and Spanish assets, it is therefore essential that English and Spanish advice is coordinated rather than taken in isolation.

At The Burnside Partnership, this is exactly the type of issue we help clients anticipate. We advise on both English and Spanish law. Our Private Client team advises on succession planning, Wills, probate, inheritance tax and cross-border estate planning, working with clients whose families, assets and personal lives span more than one jurisdiction.

Practical steps to protect each other

The good news is that most of these risks can be managed with proactive planning. For unmarried global couples, the starting point is clarity: who should inherit, which assets are involved, where those assets are located, and which legal systems may have a say.

• Make properly drafted Wills in each relevant jurisdiction. A Will should expressly provide for the surviving partner and should be coordinated with any overseas will so that one document does not accidentally revoke another.
• Review property ownership. Couples should understand whether a property is held jointly, in unequal shares, or in one partner’s sole name, and what happens to that interest on death.
• Consider a declaration of trust or cohabitation agreement. These can record financial contributions, ownership intentions and arrangements if the relationship ends or one partner dies.
• Check pension and life policy nominations. Unmarried partners may not benefit unless they have been specifically nominated, and nominations should be reviewed regularly.
• Plan for tax in every relevant country. Inheritance tax, succession tax and local exemptions can differ sharply between jurisdictions and may depend on residence, domicile, asset location and the beneficiary’s relationship to the deceased.
• Put powers of attorney in place. A Will only operates on death. Lasting powers of attorney and their overseas equivalents can be equally important if one partner loses capacity during lifetime.

How The Burnside Partnership can help

The Burnside Partnership provides specialist, practical advice for individuals and families who need to protect loved ones across borders. We combine private client, tax and international succession expertise with a personal, partner-led approach, helping clients make clear decisions before a problem arises.

For clients with UK and Spanish connections, our Spanish Desk offers joined-up, bilingual support for matters involving property, succession, inheritance tax, probate, powers of attorney and wider cross-border planning. We help clients understand the differences between the two legal systems, coordinate advice where more than one jurisdiction is involved, and put documents in place that work together rather than against each other.

Our role is to make complex planning feel manageable. We can review existing Wills and ownership structures, prepare coordinated UK and overseas Wills, advise on inheritance tax exposure, liaise with trusted overseas professionals where local input is required, and help families reduce the risk of uncertainty, delay or dispute after death.

Review before protection is needed

For unmarried partners, especially those with international connections, the most important message is simple: do not assume the law will step in to protect the person closest to you. With the right advice, it is possible to create a clear, coordinated plan that protects your partner, reflects your wishes and gives both of you greater peace of mind.

If you or your clients are cohabiting, own assets in more than one country, or are unsure whether existing arrangements would protect a surviving partner, The Burnside Partnership can help you review the position and put the right planning in place.

For more information, please contact Lanka Bandara at lanka.bandara@theburnsidepartnership.com.

This article is intended as general information only and does not constitute legal advice. Individual circumstances should always be considered.