The Ministry of Justice has opened a public consultation, ‘A Fairer End to Relationships’, which aims to strengthen the legal rights of cohabitees within the England and Wales.
Cohabiting couple families in England and Wales now account for 17.6% of all families, yet the current law still treats married and unmarried couples very differently when one partner dies.
The consultation aims to modernise the law and better reflect contemporary relationships.
It specifically considers whether cohabiting partners should receive greater protection under the intestacy rules and whether access to financial provision from a deceased partner's estate should be widened.
Current position for cohabiting couples under the intestacy rules
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.
Inheritance Rights for Unmarried Couples: What Happens If Your Partner Dies?
What are the proposals?
The consultation proposes extending automatic inheritance rights to certain qualifying cohabitants when a partner dies without a will.
It is seeking views on the criteria a cohabiting partner should meet before qualifying for inheritance rights under the intestacy rules. This includes whether there should be a minimum cohabitation period and whether any qualifying period should be reduced where the couple have a child together.
Additionally, the Government is proposing to remove the two-year cohabitation requirement for IPFDA claims, so that a cohabitating partner who is also the mother or father of the deceased's child can bring a claim without satisfying the current two-year cohabitation requirement.
The proposed reform recognises that having children creates financial dependency and therefore seeks to offer protection to unmarried partners who could have reasonably expected ongoing financial support by allowing them to claim financial provision from the deceased’s estate.
If implemented, these changes would represent one of the most significant reforms to inheritance law affecting unmarried couples in decades.
However, it must be emphasised that the proposals remain at the consultation stage, and no legislative changes have been made yet.
What should cohabiting couples do now?
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.
Speak To Our Wills, Trusts and Probate Team
At Myerson, our Wills, Trusts and Probate solicitors have the expertise to provide you with tailored advice that reflects your unique circumstances and objectives.
We will guide you through every step of the process to ensure that your wishes are accurately recorded within your Will.
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Ellie Dalby
Associate
Ellie specialises in a variety of Private Client matters including the preparation of Wills and Lasting Power of Attorneys and the administration of estates.
Ellie has an approachable and professional manner. She aims to provide clear advice and guidance to clients during what can often be a difficult and sensitive time for them.
Before joining Myerson in June 2025, Ellie completed her legal training at Poole Alcock LLP. Ellie qualified as a solicitor in February 2024 and specialised in Wills and Probate.
Ellie completed her legal studies at the University of Sheffield. She graduated with an Upper Second Class Honours in her undergraduate Law degree and achieved a Commendation in the MA in Legal Practice (LPC).
About Ellie Dalby