Usually, an unmarried partner is the partner of the deceased, who lived with him / her without getting married or entering into a civil partnership, and this can include same-sex relationships.

In most cases, the claimant must show that:

a)      He / she was living in the same household as the deceased;

b)      That they had lived together as a couple in a domestic relationship, not just sharing a house;

c)       That they had lived together for a period of two (2) or more years immediately predating the date when the deceased died.

If circumstances meant that there was a temporary separation at the date of death (e.g. working overseas, sickness etc.), the courts will usually take a common sense and realistic approach in working out whether this meant a  real separation, or whether or not the relationship has come to an end.

An unmarried partner and Intestacy: No Will

If a person dies intestate (without a Will) their civil partner is entitled to take under the Intestacy Rules.

You should make inquiries to see if a Will exists: Click here for more information.

For some couples, serious and complex legal problems may arise and you should consult a solicitor to see how they can be resolved. Click here for more information.