No ring, no rights? Proposed reforms to inheritance for cohabiting couples

The number of cohabiting couples in England and Wales has risen significantly in recent decades, with more than 3.5 million couples currently living together without marrying or forming a civil partnership. Yet a surviving cohabiting partner still has no automatic right to inherit if their partner dies without a valid will.

In June 2026, the government launched a consultation on proposals to provide greater protection for cohabiting couples when one partner dies, including changes to the intestacy rules. If adopted, the reforms could significantly alter the current succession framework.

What is the current law?

Many people assume that living together creates legal rights similar to those arising from marriage. In reality, the concept of a “common law spouse” has no legal status in England and Wales.

Where an individual dies intestate, their estate is distributed in accordance with the intestacy rules. Those provisions recognise spouses, civil partners and certain family members, but they do not provide for unmarried partners. As a result, a surviving cohabitee may receive nothing from the deceased’s estate, regardless of the length or nature of the relationship. This does not, however, prevent jointly owned assets from passing automatically by survivorship where the relevant form of joint ownership applies.

A surviving cohabitee may have recourse under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act). However, pursuing such a claim can be costly, time-consuming and emotionally demanding, with no guarantee of success at a time when families are already dealing with bereavement.

What could change?

One of the most significant proposals is the extension of the intestacy regime to certain cohabiting couples. The government has suggested that eligibility could be confined to couples who have cohabited for at least three years or who have a child together. If introduced, the reforms would give qualifying cohabitees a direct entitlement to inherit on intestacy, reducing the need to rely on claims under the 1975 Act.

Why is reform being considered?

Supporters argue that the law no longer reflects how many families live today, with cohabiting couples often sharing finances, raising children and building lives together without formalising their relationship. Automatic inheritance rights could provide greater certainty and financial security, particularly for surviving partners who were financially dependent on the deceased or contributed to a shared household without acquiring legal ownership.

Areas of concern

One key concern is the difficulty of determining whether a couple qualifies as “cohabitees” for the purposes of the proposed legislation. Unlike marriage or civil partnership, cohabitation does not have a clear start date or formal legal status. Any uncertainty could give rise to disputes regarding the existence or duration of a relationship.

There are also wider policy considerations. Some commentators argue that inheritance rights should continue to be reserved for those who have chosen to formalise their relationship through marriage or civil partnership. Others are concerned about giving cohabitees greater rights and about the potential impact on children and other family members who currently benefit under the intestacy rules.

The Birketts view

While the proposed reforms may go some way towards improving protections for cohabiting couples, they are unlikely to remove the need for careful estate planning. A professionally drafted will remains the most effective way of ensuring that assets pass in accordance with an individual’s wishes and that loved ones are properly provided for.

For cohabiting couples in particular, the consultation is a useful reminder to review existing arrangements. Cohabiting couples should consider not only their wills, but also how property is owned, pension nominations and lasting powers of attorney.

Conclusion

The proposals remain under consultation, and no changes have yet been made to the law. Although reform could significantly alter the position of cohabiting couples on death, a carefully drafted will would remain the most effective way of ensuring that an individual’s estate passes according to their wishes and of reducing the risk of disputes after death.