Proposed Inheritance Rights for Cohabiting Couples
Cohabiting couples may soon gain automatic inheritance rights under proposals being considered by the Ministry of Justice, representing one of the most significant reforms to family and succession law in recent years.
Under the plans, individuals in long-term cohabiting relationships would be entitled to inherit under the rules of intestacy in the same way as married couples and civil partners. Currently, unmarried couples have no automatic right to inherit from a partner’s estate if that partner dies without leaving a valid will, regardless of how long they have lived together. The proposed framework would also introduce new rights for cohabiting partners when relationships break down, allowing eligible individuals to claim a share of proceeds from property sales in certain circumstances. To qualify for the new protections, couples would generally need to have lived together for at least three years or have a child together.
The proposals have sparked debate among family law experts and campaign groups. Critics argue that extending legal rights to cohabiting couples could undermine the institution of marriage, while supporters believe the changes would reflect modern family structures and provide greater protection for vulnerable partners. For many families, the reforms would address a longstanding gap in the law. Despite the increasing number of couples choosing to live together without marrying, many remain unaware that so-called “common law marriage” has no legal status in England and Wales.
The Importance of Estate Planning
Regardless of whether the proposed changes become law, legal professionals continue to emphasise the importance of having a valid will in place.
Tracy Creed, Partner in the Private Client team at Sydney Mitchell Solicitors, said:
“These proposals reflect the reality that many couples choose to live together without marrying, often sharing finances, property and family responsibilities. While any move to provide greater protection for surviving cohabitees may be welcomed by many families, it should not be seen as a substitute for proper estate planning.
“One of the most common misconceptions we encounter is the belief that cohabiting partners automatically inherit from one another. However, unless a valid will is in place, surviving partners can face significant uncertainty and financial hardship.
“Making a will remains one of the most effective ways to ensure your wishes are respected and your loved ones are protected. It also provides clarity and can help avoid costly disputes at an already difficult time.”
Looking Ahead
The Government has yet to confirm the timetable for introducing any legislation, and the proposals are likely to be subject to consultation and parliamentary scrutiny.
However, the discussion highlights the evolving nature of family relationships and the need for individuals to review their estate planning arrangements regularly. Anyone who is living with a partner, particularly those who own property together or have children, should consider seeking legal advice to ensure their affairs are structured in line with their wishes and current law.
