Government Consultation On Cohabitants And Inheritance

Could the law finally catch up with how couples really live in the modern world?

If you live with a partner but you’re not married or in a civil partnership, here’s an uncomfortable truth. If they died tomorrow without a Will, you could inherit nothing. Not the house, nor the savings, as there is currently no automatic inheritance provision for cohabitating partners.

That’s the gap the government is now looking to close. On 5 June, the Ministry of Justice launched a 10-week consultation called “A Fairer End to Relationships”, which runs until 14 August 2026. The proposal covers three connected areas: financial remedies on divorce, financial provision for cohabitants on separation, and the part that affects unmarried couples most directly, which is inheritance on death.

One of the central proposals is to bring cohabiting couples broadly into line with married couples and civil partners under the intestacy rules.

At the moment, when someone who is unmarried dies without a valid Will, their estate passes to blood relatives such as children, parents or sometimes siblings, no matter how long they shared a life, a home or finances with their partner, they are not currently included under the Rules of Intestacy. The surviving partner’s only real option is to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but again certain criteria needs to be met to be able to bring a claim, and that often means a lengthy, costly court process at an already difficult time.

The consultation is asking whether this should change, and if so, how cohabitants might qualify with likely factors to include how long the couple lived together and whether they have children together.

For now, the law currently remains the same, and reform, if it happens, is unlikely before 2028. The only real protection available today is a properly drafted Will and planning for your loved ones.

It’s also worth knowing that a Will doesn’t close every gap. Even with one in place, cohabiting partners still don’t get the inheritance tax spousal exemption that married couples and civil partners receive automatically. Therefore, the financial position remains the same and isn’t fully equal to tax allowances that spouses receive on death.

If you’re cohabiting and don’t have a Will in place, our Private Client Team can help you get one sorted and talk you through the inheritance tax position. Get in touch today – the first call is on us!