Sharing a home and a life does not automatically give an unmarried partner the same inheritance rights as a spouse. This can come as a surprise to couples who have been together for many years and regard their arrangements as settled.
If one partner dies without a will, the intestacy rules do not simply treat the survivor as a spouse. That makes deliberate planning particularly important, both for the people involved and for any children who depend on them.
Start with ownership
Check how the home and other significant assets are held. Joint tenancy and ownership in defined shares can lead to different results on death. A name on a utility bill or mortgage payment record is not a complete explanation of legal ownership.
A solicitor can help establish what would pass automatically, what would fall into the estate and whether any separate claim or agreement is relevant. The will should then fit that position.
Make provision deliberately
Each partner should consider a will that records their wishes, names an executor and provides appropriate alternatives. A gift to a partner also needs to be considered alongside obligations to children and any other relevant family rights.
Tax is a separate issue. An unmarried partner does not automatically receive the spouse or civil-partner exemption from Capital Acquisitions Tax. A gift of a valuable home can therefore create a tax question even where the inheritance itself is clear.
Understand the cohabitant provisions
Irish legislation allows certain qualified cohabitants to seek provision from a deceased partner's estate. Qualification, dependency and the circumstances of the relationship can matter. The route is not equivalent to an automatic entitlement and should not be relied on as the main estate plan.
There is a strict application period linked to the first grant of representation, generally six months. Anyone considering a claim after a death should obtain legal advice promptly.
For planning purposes, bring together the property records, existing wills, insurance and pension arrangements. Discuss what would happen if either partner died first, rather than assuming the same answer works in both directions.
A clear plan can protect the survivor from avoidable uncertainty. It should address the home, legal entitlement and tax together, while leaving each person free to make an informed and independent decision.
Sources and further reading
General information, not advice on your individual circumstances. Laws and tax rules can change; check the linked official guidance and obtain professional advice where needed.