There are important legal consequences if your unmarried partner dies without a Will or ‘intestate’.
In this site when we use the term “unmarried partner” we are referring to a person how has lived (cohabited) with another person as a partner in life. People who are unmarried partners may be of the same or of the opposite sex.
If the couple were married or in a civil partnership they should see the separate section for intestacy and spouses/civil partners.
Many people may not be aware of their rights and disadvantages they could suffer in an intestacy by not being married or in a registered civil partnership.
An unmarried partner is not usually able to be the Administrator of their partner’s estate and is not entitled to receive a share of the estate under the rules of intestacy.
This section discusses these issues and in particular, other options that may be available to an unmarried partner to receive a share of their partner’s estate. This includes contesting the division of the estate under the rules of intestacy.
Click below for further information on the following topics:
- What is intestacy?
- I have children with the deceased, or the deceased had children from a previous relationship. Will they receive anything under the rules of intestacy?
- Can the rules of intestacy be contested?
- Is an unmarried partner entitled to receive anything from the estate under the rules of intestacy?
- Is an unmarried partner eligible to make a family provision claim?
- What do I need to show to be successful in a family provision claim?
- Will I lose my house? What if I have helped to pay the mortgage, or have been told that I would inherit the house?
- Will I receive a share of my unmarried partner’s superannuation scheme?