A will for cohabitants: protect your partner without marriage

You live with your partner for years. You share a home, finances and everyday life. But if you are not married, your partner as a rule inherits nothing if you die. It is one of the harshest features of Danish inheritance law for cohabiting couples, and yet most people do not know the problem exists.

This guide explains what inheritance law says about cohabitants, why a will is indispensable, and what you can and cannot secure for your partner.

Note: Inheritance matters are complex, and the rules depend on your specific situation, including whether you have children and whether special property is involved. For larger assets, advice from a lawyer or notary is recommended.

Inheritance law and cohabitants

Inheritance law is built on the close family. That means:

• Spouses inherit from each other automatically
• Children (biological and adopted) are legal heirs
• Cohabitants, regardless of how long they have lived together, have no legal right to inherit

In other words: if you die without a will and you are not married, your share of the home, the savings and everything you owned goes to your children or, if you have none, to your parents or other relatives, and your partner may in the worst case have to move.

Example

Morten and Camilla have lived together for 12 years and jointly own a flat. Morten dies suddenly. Because they are not married and Morten has not made a will, Morten's parents (if he has no children) or children inherit his half of the flat. Camilla now owns the home together with Morten's heirs, who can demand it be sold.

What can a will do for cohabitants?

With a will, you can:

1. Name your cohabiting partner as an heir and thereby depart from the starting point of inheritance law
2. Determine the division of your assets more precisely
3. Limit what relatives inherit, within the limits of the law
4. Ensure that your shared home does not have to be sold because your heirs demand it

What can you not do?

Freedom of testation is not unlimited. If you have children, the rules on the forced share set a limit:

• With an ordinary will, you can leave up to 3/4 (75%) of your assets to your cohabiting partner. Your children's forced share is the last 1/4 (25%)
• If you have no children, you can leave your entire estate to your partner, as parents and siblings have no forced share

Ordinary vs. extended cohabitants' will

There are two types of will between cohabitants.

Ordinary cohabitants' will

An ordinary will where you name each other as heirs. If you have children, you can give your partner up to 3/4 of the inheritance, while the children's forced share is the last 1/4.

Extended cohabitants' will (section 87 of the Inheritance Act)

If you meet the conditions, you can make an extended cohabitants' will, where you provide that you will fully or partly inherit from each other as if you were spouses. This gives, among other things, two important advantages:

• The children's forced share falls to 1/8. Because your partner is treated as a spouse, you can leave up to 7/8 of the inheritance to your partner, while the children's forced share is reduced to 1/8
• Supplementary inheritance. The surviving partner can be secured up to a minimum amount (DKK 950,000 in 2026) including their own assets before the children inherit anything. If your combined assets are less than that, your partner can in practice inherit everything

Important: An extended cohabitants' will does not give the right to sit in an undivided estate (uskiftet bo). The rules on the undivided estate apply only to spouses, and section 87(2) of the Inheritance Act expressly excludes a cohabitants' will from giving access to it.

Conditions for an extended cohabitants' will:

• You must be able to marry each other (you may, for example, not be married to others or be closely related)
• Neither of you may be sitting in an undivided estate
• At the time of death, you must live together at a shared address and either be expecting, have or have had a child together, or have lived together at the shared address in a marriage-like relationship for the last 2 years

What should a will for cohabitants contain?

1. Naming an heir

State clearly that your partner is named as an heir, and with what share (for example "my partner [name] inherits as much as possible within the limits of the Inheritance Act, having regard to my children's forced share").

2. Legacies and particular items

Are there specific belongings (jewellery, art, a car, a holiday home) that should go to your partner rather than others? State it specifically.

3. Administration of the estate

Consider appointing an administrator or stating how the estate is to be handled.

Cohabitants and the shared home

If you own real property together, it is especially important to have the inheritance in order.

A jointly owned home

If you own 50/50 and one dies, the deceased's heirs inherit their half, unless there is a will. With a will, the survivor can be secured the right to take over the home or a right of pre-emption.

One party owns the home

If you own the home alone and you die, your partner without a will has no right to the home. A will can give your partner the right to stay in or take over the home.

Have you considered marrying?

Marriage gives the strongest legal protection: automatic inheritance rights, access to an undivided estate and no estate duty between spouses. For many cohabitants, it is the simplest solution. But a will is indispensable if you choose not to marry.

How to make the will

Notarial will: made before the notary at the district court. It is the most secure form, is registered automatically in the Central Register of Wills and costs a fixed court fee (DKK 300 for the notary's endorsement). If you use a lawyer to draw it up, the fee comes on top.

Witness will: signed in the simultaneous presence of two impartial witnesses. It is cheaper but requires the formal requirements to be met precisely, otherwise it is invalid.

For most people, the notarial will is recommended because of the security and the automatic registration.

Estate duty for cohabitants

Unlike spouses, who pay no estate duty, a cohabiting partner must pay estate duty on the inheritance. If you have shared an address for at least 2 years before the death, your partner pays 15% estate duty on the inheritance that exceeds the duty-free allowance (DKK 392,300 in 2026), that is the same rate as children. If you have lived together for less than 2 years, a supplementary estate duty can also apply. The difference from spouses can amount to large sums with larger assets and real property.

A will as part of an overall plan

A will is only one element. Also consider:

A co-ownership or cohabitation agreement

Governs your mutual property while you live: who owns what, and what happens if you separate. The will governs what happens on death, while the cohabitation agreement governs the living relationship.

A future power of attorney

A future power of attorney gives your partner the right to act on your behalf if you become seriously ill or lose the ability to act yourself. As an unmarried partner, they have no automatic right to represent you towards the bank, the municipality or the healthcare system.

Life insurance with your partner as beneficiary

Regardless of inheritance law, you can take out life insurance with your partner as the beneficiary. The sum is paid directly to your partner outside the estate and can ensure that your partner can afford to stay in your home.

Common mistakes cohabitants make

• They do not make a will, because they think they are secured once they have lived together for a long time
• They make a will, but it has formal defects and is therefore invalid
• They forget to update the will after the birth of children, buying a home or a break-up
• They think the cohabitants' inheritance right is automatic. It always requires a will
• They think they can sit in an undivided estate as cohabitants. They cannot, not even with an extended cohabitants' will

Frequently asked questions

Can we make a joint will as cohabitants?

You make a mutual will where you name each other as heirs. It can be made as one document but is signed by you both in compliance with the formal requirements. An extended cohabitants' will is not the same as a spouses' will but can achieve many of the same effects, though not access to an undivided estate.

What happens to the will if we break up?

A will can be revoked at any time while you are alive and of sound mind. If you end the cohabitation, you should update or revoke the will, as an old will remains valid and is not automatically revoked on a break-up. An extended cohabitants' will also as a rule lapses if the conditions (including a shared address) are no longer met at the time of death.

Does my partner have to pay estate duty on the inheritance?

Yes. As an unmarried partner, they pay estate duty, which with cohabitation of at least 2 years is 15% of the inheritance above the duty-free allowance (DKK 392,300 in 2026). Spouses pay no estate duty.

What is an undivided estate, and can cohabitants use it?

An undivided estate means the surviving spouse takes over the whole estate without dividing it with the children immediately. It is reserved for spouses and cannot be obtained by cohabitants, not even with an extended cohabitants' will, under section 87(2) of the Inheritance Act.

Conclusion

As an unmarried partner in Denmark, you are not protected by inheritance law, and your partner inherits nothing without a will. Make a will, and consider an extended cohabitants' will if you meet the conditions, as it gives the survivor a position close to a spouse's, including supplementary inheritance and a lower forced share for the children, but without access to an undivided estate. If your home is jointly owned, protect your partner with an express provision, and have the will reviewed by a lawyer if your situation is complex.

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The content of this article is for guidance only and does not constitute legal advice. Consult a lawyer specialising in inheritance law for advice on your specific situation.