🧠 Calquify Intelligence
Unmarried cohabiting partners inherit nothing on intestacy in virtually every European country — a will is not optional, it is essential
This is the single most critical estate planning message for European couples. Under intestacy law in Germany, France, Netherlands, UK, Italy, Spain, Belgium, Austria, Sweden, Switzerland — and virtually every other European jurisdiction — an unmarried cohabiting partner receives nothing when their partner dies without a will. The entire estate goes to children, then parents, then siblings. A partner of 30 years shares a home but owns nothing under intestacy. This is not a minor technical point — it is a financially devastating situation that destroys relationships and forces surviving partners from family homes. A will costs €200-1.000 to draft. The cost of not having one is potentially everything.
Source: National succession codes — all European jurisdictions
UK intestacy rules leave unmarried partners with nothing and children with less than expected
Under UK intestacy rules (Administration of Estates Act 1925 as amended by Inheritance and Trustees' Powers Act 2014), a surviving spouse gets the personal chattels + the statutory legacy (£322,000 since 2020) + half the remainder. Children share the other half. An unmarried partner — regardless of relationship duration — receives nothing. They must bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 — a court-discretionary process that may take 1-2 years and provides no guarantee. For blended families, step-children who were not adopted receive nothing from a step-parent who dies intestate.
Source: Administration of Estates Act 1925; Inheritance and Trustees' Powers Act 2014; IPFDA 1975
Dutch wettelijke verdeling (statutory distribution) protects the surviving spouse's right to use all assets — but children have a deferred claim
Netherlands has a distinctive intestacy system: the wettelijke verdeling automatically gives the surviving spouse full ownership of all estate assets — the children receive an undivided ownership share (a monetary claim) that is only payable on the surviving spouse's death or bankruptcy. Practically, the surviving spouse can remain in the family home, use all investments, and continue their standard of living — while the children technically own a share but cannot access it. This system was designed to protect surviving spouses from children forcing sale of the family home. A notarial will can modify this arrangement — many Dutch families do, to optimise inheritance tax or provide for specific bequests.
Source: BW Art. 4:13-17 — wettelijke verdeling
Unmarried Partner Inheritance on Intestacy — All Countries 2026 (1=Nothing)
National authorities 2026
📋 Reference Data
Intestacy Law Asset Distribution Europe 2026 — Data 2026
National authorities + STEP
| Country | Spouse's Share | Children's Share | No Spouse/Children | Notes |
|---|---|---|---|---|
| UK | £322.000 + 50% of remainder | 50% of remainder above £322k each | Siblings, then parents, then grandparents | Cohabiting partners — NOTHING on intestacy |
| Netherlands | Full estate + children's deferred monetary claim | Undivided ownership share — paid on spouse's death | Parents, then siblings, then grandparents | Wettelijke verdeling — spouse inherits all but owes children |
| Germany | 25-50% depending on regime + Voraus | Children take remainder | Parents + siblings if no spouse/children | Zugewinnausgleich — marital property regime matters |
| France | Choice of full ownership of 1/4 or usufruct of all | 3/4 if spouse full ownership elected / all if usufruct | Parents and siblings | Surviving spouse since 2001 reform — complex choice |
| Italy | 1/3 estate (with 1 child); 1/4 (with 2+) | 2/3 (1 child); 3/4 (2+); full (no spouse) | Parents, siblings, then more distant | Quota successoria — civil code |
| Spain | Usufruct of the tercio de mejora (1/3) | Full ownership — spouse gets usufruct only | Parents/ascendants first | Spouse gets usufruct — not ownership — in Spain |
| Belgium | Usufruct of entire estate | Full ownership + spouse gets usufruct | Parents and siblings with specific shares | Belgian civil code — usufruct system |
| Sweden | Everything (spouse takes absolute ownership) | Children's forced share deferred to spouse's death | Siblings, then parents, then grandparents | Swedish intestacy — spouse inherits all; children wait |
| Switzerland | 50% (no children); 1/4 (with children) | 3/4 (with children); 1/2 (no children, divorced) | Parents, grandparents, then canton | ZGB §§ 457-466 — Swiss civil code |
| Poland | 50% (up to 4 children); less with more | Share with spouse — complex formula | Parents, siblings | Polish civil code — ksiega czwarta |
| Austria | 1/3 (with children); 2/3 (no children, with parents) | 2/3 (with surviving spouse) | Parents, siblings, then grandparents | ABGB §§ 730-804 |
ⓘ The single most important point across all European intestacy systems: unmarried cohabiting partners typically receive nothing under intestacy law — regardless of relationship length. Only a will can protect an unmarried partner. This is the most common and costly estate planning oversight across Europe.
Intestacy Law Asset Distribution Europe 2026 — Context
STEP + national law
| Who Inherits | UK | Netherlands | Germany | France | Italy |
|---|---|---|---|---|---|
| Spouse — first claim? | Yes — £322k + 50% | Yes — all assets | Yes — 25-50% | Yes — 1/4 or usufruct | Yes — 1/3-1/2 |
| Children share? | 50% above £322k | Deferred monetary claim | 50-75% | 3/4-full | 2/3-3/4 |
| Unmarried partner? | Nothing | Nothing | Nothing | Nothing | Nothing |
| Same-sex partner (married/CP)? | Same as spouse | Same as spouse | Same as spouse | Same as spouse | Same as spouse |
ⓘ The unanimous European message: unmarried partners receive nothing on intestacy. Marriage or civil partnership is essential for intestacy rights. In all countries, registered same-sex partners have equal intestacy rights to heterosexual spouses since various equality laws (Netherlands 2001, Germany 2017, France 2013, UK 2005 etc.).
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🔬 Methodology & Sources
Estate & Legacy Data
Data from official legislative sources, STEP, and IRS publications.
Formula
Jurisdiction-specific.
CitationEU Succession Regulation 650/2012; IRC §§ 2001-2058; STEP Handbook 2025.
❓ Frequently Asked Questions
Under the wettelijke verdeling (statutory distribution — BW Art. 4:13), the surviving spouse automatically inherits all assets and the children receive a deferred monetary claim payable only on the spouse's death, remarriage, or insolvency. In practice: the spouse gets everything immediately and the children have to wait. If there is no spouse: children inherit in equal shares. If there are no children: parents inherit, then siblings, then further relatives. Unmarried cohabiting partners receive nothing — only a registered partner (geregistreerd partner) or spouse has intestate rights.
Nothing — an unmarried cohabiting partner has no automatic inheritance right under UK intestacy law. The estate passes to children (all of it if the estate is above £322,000 and shared with the statutory legacy otherwise), then to parents, siblings, and more distant relatives — entirely bypassing the surviving partner. The partner can apply to court under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision, but this is expensive, stressful, and uncertain. The solution is a will — which can be drafted for £200-£500 by a solicitor or notary.
Under German civil code (BGB §§ 1931, 1371), a spouse's intestate share depends on: (1) which heirs are in the same class, and (2) the marital property regime. Under the standard Zugewinngemeinschaft (community of accrued gains): if children survive, the spouse receives 1/4 of the estate + 1/4 Zugewinnausgleich (accrued gains equalisation) = effectively 1/2 in most marriages. If no children but parents survive, the spouse receives 1/2. If no children or parents: 3/4. The remaining estate passes to the respective class of heirs. Registered civil partners (eingetragene Partner) have identical rights to spouses since 2017.
Generally no — stepchildren (children of the spouse/partner who are not biological or adopted children of the deceased) have no intestate rights in most European countries. A stepparent must either adopt the child (giving full legal inheritance rights) or make a will leaving assets to them. In the UK, step-children who were not legally adopted are not 'children' under intestacy law. The same applies in Germany, France, and Netherlands. A step-child can bring a Family Provision claim (UK) or equivalent if they were financially dependent, but this is uncertain. The practical solution: a will that explicitly includes step-children.
EU Succession Regulation 650/2012 determines which country's succession law applies to a cross-border estate — but it does not change the content of national succession law. Under the Regulation: the law of the country of habitual residence applies by default. A nationality election (Art. 22) allows someone to elect their home country's law. The Regulation does not harmonise intestacy rules across the EU — each country keeps its own rules. What it prevents is two countries' courts both claiming jurisdiction over the same estate. A UK national living in Germany with assets in France still needs to understand Dutch intestacy won't apply — German rules govern (by default) unless English law is elected.
Sources & References
Data sourced from official institutional publications. Results are for informational purposes only. Last reviewed Jan 2026.
Data Disclaimer
Estate and succession law is complex. Always consult qualified legal and tax advisers. This is informational only.
Estate and succession law is complex. Always consult qualified legal and tax advisers. This is informational only.