Cohabiting Couples and Inheritance: Could the Intestacy Rules Be About to Change?

Many people are surprised to learn that there is no such thing as a "common law spouse" in England and Wales.

Regardless of how long a couple has lived together, a surviving cohabiting partner has no automatic right to inherit under the intestacy rules if their partner dies without a valid will.  

Instead, where a person dies intestate, their estate passes according to a statutory order of entitlement, which is often referred to as the intestacy rules.

Priority is given to spouses and civil partners, followed by children and other blood relatives. 

A cohabiting partner is not included within the intestacy rules and would not automatically inherit from the deceased’s estate.   

As a result, surviving partners may be forced to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 to try and obtain financial provision from their partner’s estate subject to strict statutory criteria. 

This can be a costly, lengthy and emotional process whilst still grieving a loved one, and there is no guarantee that a claim will succeed. 

Whilst the proposed changes will be welcomed by many cohabiting couples in England and Wales, the law currently remains the same.

Cohabiting couples are encouraged to take practical steps now to ensure that their estate passes as they would intend for it upon their death.  

This includes: 

Making a Will if you wish for your unmarried partner to inherit from your estate. 

Without a valid Will making provision for them, there is no guarantee that they would be able to benefit from your estate, regardless of the length of your relationship.  

Until the reforms are implemented, a professionally drafted Will remains the most effective way to ensure that an unmarried partner is protected and that your assets pass in accordance with your wishes rather than the intestacy rules. 

Reviewing your Will if your relationship or personal circumstances have recently changed.

Having children, buying a property with a partner or getting married are all important life events and prompts to check that your current arrangements reflect what you would want to happen on your death. 

Considering the co-ownership of your property and whether a declaration of trust would be appropriate.

This is particularly important if you have contributed unequal amounts towards the property purchase.  

Waiting for the proposed reforms to be implemented is not advisable. 

For individuals living with an unmarried partner, now is an ideal time to review existing arrangements and seek legal advice on your Will and estate planning.