The Government Just Said It in Plain English: Unmarried Couples Get Nothing Without a Will

Most people don't read government consultations. But earlier this year, the Ministry of Justice published something unusual — an Easy Read version of its cohabitation reform consultation. Clear language. Designed for everyone to understand. And one sentence stands out.

“Cohabitants have no automatic right to inherit when a partner dies without a will, which can result in serious financial hardship.”

— Ministry of Justice Easy Read Cohabitation Consultation, 2026

That is the UK government — in a plain-English document, written to be accessible to everyone — confirming exactly what solicitors have been warning couples about for decades. If you are living with a partner and you are not married or in a civil partnership, they could get nothing when you die. And you could get nothing when they die.

What “No Automatic Right to Inherit” Actually Means

If your partner dies without a will, their estate is distributed under the intestacy rules. Those rules do not recognise cohabiting partners. At all. The estate passes to:

• Children (if any)
• Parents
• Siblings
• More distant relatives
• Ultimately, the Crown — if no relatives can be found

You are not on the list. Even if you have been together for 20 years, share a home, have children together, and consider yourselves a family in every meaningful sense of the word — the law does not recognise you as a beneficiary.

This is not a technicality. It is not an oversight in a badly drafted document. It is the deliberate structure of English inheritance law, and it has not changed in decades despite repeated campaigns for reform.

The Government Knows This Is a Problem

The Ministry of Justice consultation was examining whether cohabitation law should be reformed. Publishing an Easy Read version — designed to reach people who might not engage with dense legal language — was a deliberate choice to make this issue as widely understood as possible.

The government's own words, “serious financial hardship,” are not bureaucratic understatement. They describe real outcomes that happen to real people: partners forced to leave their homes, savings going to in-laws, life insurance paid to the wrong people, children caught in the middle of estate disputes.

The consultation closed in August 2026. No legislation has been introduced. Any reform, if it comes, is years from becoming law. The position today is unchanged.

For context on the parliamentary debate, the Cohabitation Rights Bill reached the House of Lords in 2026 — but a bill reaching the Lords is not the same as legislation passing into law.

The Only Solution That Exists Right Now

A will changes everything. With a properly written will, an unmarried partner can:

• Inherit your share of the property
• Receive your savings, investments, and personal belongings
• Be named as executor to manage your estate and avoid costly legal disputes
• Be given guardianship of any children you share
• Receive pension death benefits (where nominated)

Without a will, none of this is guaranteed — regardless of how long you have been together or how clearly both of you understand your wishes.

For a fuller picture of how cohabiting couples and inheritance law interact in England and Wales, including the home problem, joint tenancy, and claiming under the 1975 Act, see our detailed guide.

How Much Does a Will Cost?

Many people assume wills are expensive. They are not.

WillSafe kits are plain-English templates drafted in accordance with the Wills Act 1837, valid in England and Wales. Instant download.

Don't Wait for Parliament

The government is consulting. The Lords are debating. But the law has not changed, and no one can predict when — or whether — it will. Consultation is not legislation. Your partner is protected when you have a will. They are not protected without one.

The government said it plainly. We're saying it plainly too.

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