Family life has changed considerably over recent years. Increasingly, couples are choosing to build their lives together and cohabiting without marrying or entering into a civil partnership. The law, however, has not kept up with modern family life.
Despite what many people believe, cohabitation does not give couples the same legal rights as marriage or civil partnership – no matter the length of the relationship or how long they have lived together.
At a time when someone is dealing with grief and practical arrangements following the death of a loved one, discovering that they have no automatic right to inherit can add a layer of stress and uncertainty.
The “Common Law Spouse” myth
There is no legal recognition for a “Common Law Spouse” in England and Wales. If you die without leaving a valid Will, your estate is distributed in accordance with the Rules of Intestacy. The rules set out who is to be entitled to inherit, and in what order.
A surviving spouse or civil partner is recognised under the legislation. Depending on the circumstances, children and other relatives may also inherit. An unmarried partner does not, and it does not matter whether they have children together or have jointly contributed towards the family home. Cohabitation alone does not create any entitlement under the Rules of Intestacy.
It is also worth noting that any assets left to a surviving spouse are exempt from Inheritance Tax by virtue of spousal exemption. This does not apply for unmarried or cohabiting couples, which can mean further complications where appropriate estate planning has not been undertaken.
Protection for cohabiting partners
A cohabiting partner may be able to bring a claim under the Inheritance (Provision for Family and Dependents) Act 1975 if they were maintained by the deceased or had lived with them as though they were spouses or civil partners for the two years immediately before death. However, this is not a straightforward process, and it is not the same as an automatic right to inherit. Such claims can be lengthy and costly during an already difficult time.
Whilst the current legislation does provide some safeguard where conditions are met, most people would prefer not to leave their loved ones reliant upon the prospect of such lengthy proceedings following their death.
Is reform on the horizon?
In June 2026, the Government launched a consultation: A Fairer End to Relationships, which seeks reform in several areas, including the rights of cohabitants following the death of a partner and whether cohabitants should have greater protection where a partner dies without leaving a Will.
For many this review is overdue, however it is important to emphasise that these are only proposals at present and until any reforms are enacted by Parliament, the current law remains unchanged.
Why making a Will remains so important
Having a Will in place is the only way to ensure that you estate passes in the way in which you intend. A properly drafted Will enables you to ensure your wishes are accurately reflected as to who should inherit your estate.
Making a Will should not be viewed as a one- off. As circumstances change, a Will which was accurate at the time of making may not be accurate today. Having a Will in place is important, but reviewing your Will regularly is just as important as making one in the first place.
The law may change in the future, but unmarried and cohabiting couples cannot rely on future change to protect them now. Making a Will is one of the most important steps you can take to provide certainty, avoid unnecessary disputes and give those closed to you protection and peace of mind.
How can Pinney Talfourd help?
Our Private Client team is happy to assist in discussing your individual circumstances relating to your assets, Inheritance Tax and future planning. Please feel free to reach out to a member of our team today by calling 0800 011 1195.
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