2. Learn what happens if you have a common-law partner

The intestacy rules give nothing to a common-law partner. But, your common-law partner might be able to go to court and make a dependant support claim against your estate. This is complicated and can be hard to prove.

Your common-law partner might also be able to make other kinds of claims against your estate. For example, they may be able to make an unjust enrichment claim or a resulting trust claim.

The question “We’re not married. What happens to my partner’s property if they die?” explains what these claims are. It also discusses what you need to think about if you want to make one. Going to court to make these types of claims can be costly and very hard to prove. If you want your common-law partner to get some of your property after you die, you should make a will.

Designated beneficiary

The rules explained in Step 1 about designated beneficiaries apply.

This means if you named your common-law partner as a designated beneficiary of an asset such as an insurance policy or pension, they usually get that property when you die.