Proposed reforms that would provide unmarried cohabiting couples enhanced legal rights signal a 'positive shift towards modernising' the protections available to cohabitants.
Under the current law, unmarried cohabiting couples receive no protection if one partner dies. Nerys Thomas, a Private Client Partner at Knights, believes the Government’s proposals will strengthen the law for cohabiting couples, stating that it is a “welcome reform”.
The Ministry of Justice consultation, titled “A fairer end to relationships", closes on 14 August 2026. The proposals would extend intestacy rights to qualifying cohabitants, giving them the right to inherit where the partner dies, without a valid will.
What could the proposed intestacy reforms mean for cohabiting couples?
Currently, cohabitants do not benefit from the same automatic inheritance rights as spouses or civil partners. Under the proposed changes, eligible cohabitants would be able to inherit automatically, subject to certain conditions being met.
While the proposed reforms are still under consultation, Nerys has explored what the changes could mean for cohabiting couples should they become law.
Nerys Thomas, Private Client, Partner at Knights, said:
“Under the existing intestacy rules, unmarried cohabiting couples are not provided for which often comes as a shock to those who consider themselves to be a ‘common law spouse’. There is no such concept and so, if an unmarried cohabitant dies without a valid Will, their surviving partner receives nothing under the intestacy rules. That is the case regardless of the length of the relationship or whether there are children involved.
As a result, a surviving cohabitant on intestacy often has no alternative but to consider making a claim against their partner’s estate under the Inheritance (Provision for Family and Dependants) Act 1975. Making a claim is not only costly and time consuming, but it can also place tremendous strain on family relationships which is probably the last thing anyone wants to be facing following a bereavement.
Modernising the law on intestacy is long overdue considering that more couples are deciding to cohabit without getting married and so the consultation is certainly a step in the right direction. The consultation discusses potentially changing the intestacy rules to provide for unmarried cohabiting couples which would be a significant change from the current position.
“The consultation discusses potentially changing the intestacy rules to provide for unmarried cohabiting couples which would be a significant change from the current position.”
Nerys Thomas, Partner
The changes would provide greater certainty and protection for unmarried cohabitants but precisely how the changes will work in practice remains to be seen. The consultation discusses possibly introducing a ‘marriage equivalence definition’ for cohabiting relationships which might include a minimum duration period for the cohabiting relationship – possibly a minimum of five years where there are no children and a minimum of two years where there are children.
It’s likely that the proposed changes would lead to less 1975 Act claims by surviving cohabitants on intestacy. That said, could we perhaps see an uptick in claims by other potential applicants instead, such as surviving adult children of the deceased, who will presumably see their entitlement reduced on intestacy if the surviving cohabitant also benefits? The intestacy rules rarely satisfy everyone and the consultation acknowledges that it is a question of seeking to balance competing interests.
Whilst the proposals in the consultation are positive, it’s worth flagging that the intestacy rules are only ever meant to be a fallback; they are designed to set out what the typical person would want to happen to their estate when there is no valid Will. As we know, specific family circumstances are often far from ‘typical’ so the best possible planning is to ensure that there is a valid Will in place which means that there is no need to rely on the intestacy rules in the first place and ultimately you remain in control.”