Living together for 20 years doesn't give your partner the rights a spouse has. In Scotland, the law on inheritance still treats married couples and unmarried couples very differently.
The default rule
If you die without a will, your unmarried partner has no prior rights, no legal rights and no place in the order of succession. Your children, parents or other relatives inherit before them. Our guide to dying without a will sets out that order.
A will is the answer. Without one, your partner is relying on a court.
The court claim
Section 29 of the Family Law (Scotland) Act 2006 lets a surviving cohabitant ask the sheriff court or the Court of Session for a share of the estate. The court decides whether to award anything, and how much. There is no guaranteed outcome.
Three limits apply. The claim is only available if the person died without a will. The person must have been domiciled in Scotland. And it must be brought within six months of the death.
The Trusts and Succession (Scotland) Act 2024 changes the deadline to 12 months. The section that does it is not confirmed as in force, so treat six months as the real limit. The court has no power to extend it.
Why a will beats a claim
A claim is uncertain, slow and expensive, and it falls away altogether if there is a will, even one that leaves your partner nothing. A will gives your partner what you decide, with no court involved.
It still can't override your children's legal rights over your moveable estate. Those apply whoever else you name. See our guide on legal rights.
Other places a partner can lose out
Inheritance tax is the big one. Gifts between spouses and civil partners are exempt, and gifts between unmarried partners are not. Anything above the allowances is taxed at 40%. Our guide to inheritance tax thresholds explains them.
Pensions and life insurance don't follow your will. They follow the nomination forms you completed. If you named an ex-partner years ago and never updated it, that is who receives the money.
Property is the third. If you own your home jointly with a survivorship clause, it passes to the survivor automatically. If you own it in one name, it goes by your will, or the default rules without one.
What to do
Both of you should make a will. Check how your home is owned and what the title deeds say. Update the nomination forms on pensions and life policies. Consider putting life insurance in trust so the money goes straight to your partner, as covered in our guide to life insurance in trust.
Richard arranges wills through our specialist legal partners. Start with our Wills page.