ARTICLE
25 June 2026

Cohabitation And Inheritance: A Long Overdue Update

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If you live with a partner but aren’t married, the current law offers no automatic right to inherit if they die without a will, often leaving surviving partners in a vulnerable position. 

The Government’s A Fairer End to Relationships consultation proposes to change this by introducing rights for “qualifying cohabitants.” 

What would change?

  • Eligible cohabitants (e.g. long-term partners or those with children) could automatically inherit under intestacy rules.
  • They may also gain the right to administer their partner’s estate, reducing delays and disputes.
  • Rules could be relaxed for couples with children, making it easier to access financial provision.

Why it matters

With millions of couples in the UK choosing to live together without marrying, this issue is only becoming more relevant. Therefore, these reforms aim to reflect modern relationships and reduce financial hardship at an already difficult time, while still keeping marriage as a distinct legal status. 

In short, the law may soon offer cohabiting couples far greater protection, bringing inheritance rules closer to how people actually live today.

If implemented, these changes could offer not just financial protection, but something just as important: peace of mind.

The consultation closes on 14 August 2026 and it will be interesting to see what changes are subsequently introduced after this. Any changes would need to be passed by Parliament, so in the meantime, it is important to have a will in place to ensure that things are dealt with as you would wish on death.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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