The short answer
Living together does not give an unmarried partner the same automatic inheritance rights as a spouse or civil partner. If one partner dies without a will, the survivor does not simply inherit the deceased partner's estate because they were a couple. Property ownership, intestacy law, possible cohabitant redress and inheritance tax all need to be considered separately.
This is one of the most important distinctions in Irish estate planning because a couple can live together for many years, share bills and raise children, yet still have a very different succession position from a married couple.
Does an unmarried partner inherit if there is no will?
There is no general automatic intestacy share for an unmarried cohabiting partner equivalent to the spouse's share under the Succession Act.
If the deceased partner owned assets in their sole name and died intestate, those assets are distributed under the statutory intestacy rules to the relatives who qualify under those rules. The surviving partner's relationship alone does not insert them into that order.
What about a house owned together?
Ownership matters. A jointly owned property may operate differently depending on whether it is held as a joint tenancy, as tenants in common, or under another arrangement. A survivorship right can apply to a joint tenancy, whereas a share held as a tenant in common can form part of the deceased owner's estate.
Do not assume that paying half the mortgage, living in the home or describing it as “ours” tells you the legal ownership position. If the home is central to the survivor's security, check the title and get advice.
What is a “qualified cohabitant”?
The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 created a redress scheme for certain cohabitants. Under section 172, a qualified cohabitant generally includes a person who lived with the other adult as a couple for:
- two years or more where they are the parents of one or more dependent children; or
- five years or more in other cases.
The statutory definition contains additional conditions and factors, including rules where one of the adults was married to someone else. Meeting a headline number of years is therefore not the only question.
Can a qualified cohabitant claim from the estate?
Potentially. Section 194 of the 2010 Act allows a qualified cohabitant, in defined circumstances, to apply to court for provision from the deceased cohabitant's net estate.
This is not the same as an automatic inheritance entitlement. It is a court remedy under a statutory scheme.
The application must be made not more than six months after representation is first granted in respect of the deceased cohabitant's estate. Anyone facing that situation should obtain legal advice immediately rather than relying on a general article.
Does making a will solve the problem?
A will is one of the main ways to state clearly that you want an unmarried partner to inherit assets that form part of your estate. But it does not solve every issue by itself.
You still need to consider:
- how jointly owned property is held;
- any mortgage or other liabilities;
- children or other dependants;
- the beneficiary's potential CAT position;
- assets that do not pass under the will; and
- whether the estate is complex enough to require bespoke drafting.
What about inheritance tax for an unmarried partner?
Spouses and civil partners are exempt from CAT on gifts and inheritances between them. An unmarried partner does not receive that spouse/civil-partner exemption simply because the couple live together.
The CAT group depends on the legal relationship between the beneficiary and the deceased. Where the partner does not fall within Group A or Group B, Group C can be relevant. The current Group C threshold is €20,000, with CAT generally charged at 33% on the taxable amount above the available threshold after applying relevant rules, exemptions and reliefs.
For a valuable house or large estate, this can be a major planning issue. Get tax advice rather than assuming that putting the partner's name in the will makes the tax disappear.
Three practical scenarios
If that partner dies without a will, the surviving partner does not automatically inherit the home merely because they lived there together. Other legal remedies may exist, but the position is far less certain than having a proper plan.
The result depends on how ownership is structured. Check the title rather than assuming the will controls the whole property.
Children can have inheritance rights under intestacy while the unmarried partner still has no spouse-style automatic share. The cohabitant redress scheme may be relevant, but relying on a future court application is very different from making a will now.
What should an unmarried couple do?
- Check how the home and other major assets are legally owned.
- Each partner should consider making their own will.
- Review life assurance, pensions and nominated benefits separately from the will.
- Consider the CAT consequences of leaving significant assets to the partner.
- If there are children, property complexity, previous relationships or a large estate, take legal and tax advice.
Can MakeAWILL.ie be used by a cohabiting partner?
MakeAWILL.ie does not currently sell a bespoke “cohabiting couple” product. If your own estate is straightforward and one of our individual templates genuinely matches what you need, it may still be suitable. But do not force a cohabiting-property or tax problem into a standard template.
Unsure whether a template fits?
Check the current MakeAWILL.ie situations. If none accurately describes you, that is a good reason to use a solicitor rather than adapting the wrong document.
Official references
- 2010 Act, section 172: cohabitant definitions
- 2010 Act, section 194: provision from a deceased cohabitant's estate
- Revenue: CAT groups
Important: This is general information, not legal or tax advice. Cohabitation, property ownership and redress claims are fact-sensitive. Get urgent legal advice if a partner has already died and a claim may need to be considered.
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