Do Unmarried Partners Inherit Everything? What Molly-Mae and Tommy Fury’s Situation Teaches Us
When news broke about Molly-Mae Hague and Tommy Fury’s engagement and now with their newborn baby, it sparked more than celebrity headlines. It highlighted a legal reality that many couples overlook. Being engaged does not offer the same legal protection as marriage, and without valid wills in place, there is a risk that partners may not automatically inherit from each other. Despite living together, sharing finances, and even raising children, cohabiting couples have no guaranteed inheritance rights unless legal provisions are put in place to safeguard their assets and set out their entitlements. It’s a situation many people don’t realise until it’s too late, and it highlights a gap between how modern relationships work in practice and how the law still treats them in principle.
What are the Intestacy Rules?
The intestacy rules are the legal rules that decide who inherits a person’s estate if they die without a valid will in England and Wales. Instead of passing via a Will, that individuals’ assets are distributed in a fixed order, depending upon who has survived them. It starts with a spouse or civil partner and then children, followed by other close relatives such as parents and siblings all the way to whole blood/half-blood aunts and uncles. The result of this can be extremely disturbing, give the complexities of modern relationships and family break-ups, it can result in your family inheriting the entirety of your estate with no restrictions, familiarity with your assets and potentially your partners ending up with nothing. In Molly and Tommy’s circumstances, as unmarried partners who are engaged and cohabiting, they would not automatically be entitled to inherit anything under these rules unless they are named in a will or successfully make a legal claim.
So, what happens in Molly and Tommy’s circumstances?
Despite being engaged and a co-parent to two children, neither of them would receive anything on their death, presuming that nothing has been prepared in a Will.
With Bambi and their newborn baby, Midas, the outcome would be:
- The entire estate of the first to die would pass to their children in equal shares.
- Because they are under 18, their inheritance would be held in trust and managed by appointed trustees until they reach adulthood.
- The trustees (often close family members or professionals) would manage the money in the children’s best interests.
The survivor has no automatic legal right to the estate, although could potentially make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if either of them were financially dependent on one another.
Do the children have restrictions on their inheritance?
Despite the obvious downfall of the survivor having no entitlement, there is also a risk of what happens to the estate when the children automatically inherit possibly millions of pounds outright at 18. A key issue is lack of flexibility. The assets would be held on bare trust for the children, whereby trustees have very limited discretion and the children would inherit everything automatically at 18. They cannot delay distribution, even if one of them may not be not financially mature. Maturity is a huge risk, which at Vault Private Client we advise on the use of trusts to drip-feed money to children to ensure they are capable and mature enough to spend, invest and protect inheritance effectively. At 18, a young person could inherit a large lump sum with no restrictions on how it is used. This can expose them to poor financial decisions, external influence, vulnerability through divorce or relationships or simply a lack of experience in managing significant wealth. The final risk for the children is a lack of protective planning. Bare trusts do not allow for staged access, conditions, or long-term safeguarding (for example, funding education, housing, or milestones over time). Once one of them reaches the age threshold, full control transfers immediately. We saw this evidenced in the case of Liam Payne and his £23m+ estate, whereby no retrospective planning can be done and there is a risk a lot of influential celebrities may face the same issue.
Who looks after my children?
One of the most influential reasons for parents to put wills in place is to appoint guardians of your minor children. Your will can allow you to clearly set out who you would want to care for your children if both parents are no longer able to. Without a will, that decision may ultimately be made by a court in England and Wales, which will act in the child’s best interests but may not necessarily choose the person you would have preferred, and the process can sometimes lead to delays or uncertainty. By naming guardians in your will, you provide strong guidance to the court and ensure clarity, reduce the risk of family disputes, and give greater peace of mind that your children would be cared for by someone you trust.
What can be done to prevent the partner having no entitlement to an estate?
The Labour government is currently reviewing this matter and under plans put forward by David Lammy’s Ministry of Justice, that more than 3.5 million people in cohabiting relationships could potentially benefit from the same rules of intestacy as civil partners and those who are married. There have been speculations from charities warning the government about threatening a “downgrade to the importance of marriage”. Under the proposals, cohabiting couples would have to have lived together for at least three years or have a child to be eligible for the new rights. Courts must also be satisfied that couples are in an “enduring family relationship”. It will be interesting to see how this reform continues to govern and come into force over time.
In the meantime, by taking advice from a trusted solicitor and putting a will in place can resolve all of the uncertainty, ambiguity and avoid the risk of your partner ending up with nothing and your children having controlled access to funds. Our solicitors at Vault Private Client play a crucial role in assisting cohabitees by providing expert legal advice on matters such as property ownership, inheritance, and financial dependency. The team advise cohabiting couples to:
- Prepare for the future by making a will
- Understand their rights under UK law; and
- Negotiate cohabitation agreements that safeguard their interests
It is crucial that cohabiting couples do not underestimate the importance of legal protection until it’s too late. Seeking legal advice early on can prevent disputes and ensure that both partners are protected. While no one likes to think about the unexpected, Molly and Tommy’s experience shows why having a will is one of the simplest ways to provide clarity and peace of mind for those left behind. The lesson from their story is clear: making a will isn’t just about planning for the future, it’s about protecting the people and priorities that matter most today.
If you do wish to consider putting a will in place, our solicitors at Vault Private Client offer a free in person meeting with you and your partner to discuss your wishes. Reach out to them team to book in a free slot on [email protected].
