Claims by cohabitees under the Inheritance Act: what you need to know.

Cohabiting partners (also referred to as “cohabitees”) can often be left in a precarious and difficult financial position when their partner dies.

Unlike in some other comparable jurisdictions where cohabitees effectively have the same rights and entitlements as spouses on death, a surviving cohabiting partner in England and Wales does not have the same presumptive rights as a surviving spouse or civil partner on the death of their partner if their partner dies without a Will. The surviving partner may therefore need to have recourse to other legal avenues to ensure that they receive a fair and appropriate share of their deceased partner’s estate. One of the key claims that can be made by a surviving cohabitee is a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Inheritance Act”).

No automatic rights on death: the position on intestacy

Surviving cohabiting partners are not included as one of the categories of people entitled to benefit from the deceased’s estate when a person dies without a Will. In particular, whilst Section 46 of the Administration of Estates Act 1925 refers to both spouses and civil partners as categories of people entitled to benefit on intestacy, cohabiting partners are notably absent from this list. What this means is that a cohabiting partner does not have an automatic entitlement to inherit from their deceased partner’s estate on the death of their partner where that partner has died without making a valid Will.

A surviving cohabitee is also not entitled to apply for a grant of letters of administration where their partner dies without a Will. This means that the surviving cohabitee may be unable to deal with the deceased partner’s bank accounts and other assets, and they may be left reliant on family members for financial support.

Property held in the name of the deceased

This can cause considerable injustice and lead to substantially unfair outcomes. For example, a person may have lived together with their partner for over 50 years, raised children with them, and given up their career to be the primary carer and homemaker, only to effectively be left without any presumptive entitlement to their partner’s assets when their partner dies without leaving a valid Will. Where all of the valuable assets accumulated throughout the relationship are legally owned by the deceased partner, the surviving partner may effectively be left with little or no property or income on their partner’s death.

Claims under the Inheritance Act

The Inheritance Act has been designed to remedy these sorts of injustices. A cohabiting partner who has lived with the deceased as if they were a spouse or civil partner for at least two years prior to the death of the deceased may be able to make a claim under the Inheritance Act. The Court can make an award under the Inheritance Act where the claimant is able to establish that the disposition of the deceased’s estate on intestacy (or in accordance with a valid Will) is such that reasonable financial provision has not been made for their maintenance. However, it is important that such claims are advanced appropriately, in a timely manner (in particular, within six months of the date of the grant of letters of administration or the grant of probate), with relevant evidence, and a sound knowledge of the relevant law and legal processes.

How Pinney Talfourd can help

If you are not a beneficiary of your deceased cohabiting partner’s estate (including if your partner died without a valid Will), do not hesitate to reach out to our Contested Wills and Probate team who can advise and represent you in respect of a potential claim under the Inheritance Act.

Our experienced team is here to guide you through every step of the process, ensuring your rights are protected and your case is presented effectively.

In addition, if you and your partner are not married or in a civil partnership and you want your partner to benefit from your estate if something happens to you, please do not hesitate to contact our private client team who can assist you with making a Will.

For further advice, contact your local office on 0800 011 1195 or email .