Cohabiting Couples and Inheritance Rights: What the Law Says

More people than ever are choosing to live together without marrying or entering a civil partnership. As a result, there has been growing debate about whether inheritance laws still reflect modern family life. While the Government is considering reforms, the current legal position remains unchanged.

Does a “common law marriage” exist?

One of the most common misconceptions is that living together for a long time creates the same legal rights as marriage. It does not.

In England and Wales, there is no such thing as a common law marriage. No matter how long you have been together, living with your partner does not automatically give either of you the right to inherit from the other if they die without a valid Will.

What happens if your partner dies without a Will?

When someone dies without a Will, their estate is distributed under the rules of intestacy. These rules set out who inherits and in what order.

A spouse or civil partner may inherit some or all of the estate, depending on the circumstances. An unmarried partner, however, does not automatically inherit under the current rules. This means that even if you have shared a home, combined finances or spent many years together, your partner could receive nothing from your estate.

Whether particular assets pass to the surviving partner can also depend on how they are owned. For example, a property owned as joint tenants will usually pass automatically to the surviving owner, whereas a property owned as tenants in common forms part of the deceased’s estate.

Can a surviving partner make a claim?

In some circumstances, yes. If a surviving partner lived with the deceased as though they were married or in a civil partnership for at least two years immediately before death, they may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

However, this is not the same as having an automatic right to inherit. A claim involves legal proceedings and there is no guarantee of the outcome. It can also add uncertainty, delay and additional stress at an already difficult time.

Why is the law under review?

There has been growing discussion about whether the current rules provide enough protection for long-term cohabiting couples. Supporters of the review argue that many couples build lives together, raise children and share finances without marrying, yet unmarried partners can still be left without an automatic inheritance if there is no Will.

Others argue that changing the law is not straightforward. Any reforms would need to balance the rights of surviving partners with those of children and other beneficiaries, while also deciding when a relationship should qualify for legal protection.

The Government has recently announced proposals to strengthen inheritance rights for cohabiting couples, but these are still being considered. Until any changes become law, the existing rules continue to apply.

How can cohabiting couples protect each other?

Whatever changes may come in the future, cohabiting couples should not rely on proposed reforms.

Having an up-to-date Will remains the most effective way to make sure your partner inherits in accordance with your wishes. It is also worth reviewing how your home is owned, checking beneficiary nominations on pensions and life insurance policies, and considering whether your wider estate planning still reflects your circumstances.

These conversations can be particularly important for couples with children from previous relationships or where one partner owns significantly more assets than the other.

If you live with your partner but are not married or in a civil partnership, mlplaw’s Private Client team can help you review your Will, property ownership and wider estate planning to ensure your wishes are properly protected.