Intestacy and Cohabiting Same-Sex Partners UK: Rights on Death Without a Will

Updated 21 May 2026 · 9 min read · Intestacy & Succession

Thousands of same-sex couples live together without marrying or registering a civil partnership. Many assume that a long-term relationship gives them inheritance rights. It does not. Without a will, a cohabiting partner — same-sex or opposite-sex — inherits nothing under English and Welsh intestacy law.

The Intestacy Rules: Who Inherits Without a Will

The Administration of Estates Act 1925 sets out a rigid order of priority for intestate estates. The estate passes first to a surviving spouse or civil partner, then to children, parents, siblings, and more distant relatives in turn. A cohabiting partner — however long the relationship — does not appear anywhere in this list.

This applies equally to same-sex and opposite-sex cohabiting couples. The concept of a “common law spouse” with automatic inheritance rights does not exist in England and Wales.

If a same-sex partner dies intestate with no blood relatives, the estate passes to the Crown as bona vacantia — not to the surviving partner.

How Marriage and Civil Partnership Change Everything

The Civil Partnership Act 2004 gave same-sex civil partners full spousal intestacy rights. The Marriage (Same Sex Couples) Act 2013 extended marriage itself to same-sex couples. Either formal step — marriage or civil partnership registration — gives the surviving partner the full intestacy entitlement:

Entire estate if no children survive
All chattels, a £322,000 statutory legacy (from July 2023), and half the residue if children survive

The legal bright line is formalisation of the relationship — not its length, depth, or the couple’s domestic arrangements.

The Inheritance Act 1975 Safety Net

A cohabiting partner who receives nothing under intestacy may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Section 1(1)(ba) allows a claim by a person who, for the whole two years immediately before the death, was living in the same household as the deceased and as their “husband or wife”. The Court of Appeal confirmed in Gully v Dix [2004] that same-sex cohabitants are included.

Key points:

The two-year continuous cohabitation condition must be met at the date of death
The standard for cohabiting claimants is maintenance — what is reasonable for the applicant’s maintenance — not the higher surviving spouse standard
Claims must be brought within six months of the grant of probate or letters of administration (court may extend in exceptional cases)
The court has wide discretion: it can order periodical payments, a lump sum, property transfer, or a variation of the intestacy

An Inheritance Act claim is litigation — costly, uncertain, and distressing at a time of grief. It is always preferable to make a will.

After Civil Partnership Dissolution

Dissolution of a civil partnership operates like divorce. Under section 18A of the Wills Act 1837, any gift to a former civil partner in a will made before dissolution is treated as if the former partner had predeceased. Under the intestacy rules, a dissolved civil partner has no entitlement.

A dissolved civil partner who was financially dependent on the deceased may still claim under the Inheritance Act 1975 as a dependant (s.1(1)(e)) — but the two-year cohabiting household condition in s.1(1)(ba) will usually not be met after dissolution, as the former partners are unlikely to be sharing a household.

Practical Steps for Cohabiting Same-Sex Couples

Make wills — both partners should make a will leaving their estate to the other, with substitute beneficiaries named in case both die simultaneously
Review joint property ownership — beneficial joint tenancy ensures the property passes by survivorship outside the estate; tenants in common means your share passes under your will (or the intestacy rules if you have none)
Update pension nominations — pension death benefits pass outside the will by trustee discretion; name your partner as nominated beneficiary
Make lasting powers of attorney — without one, your partner has no legal authority to manage your finances or welfare decisions if you lose capacity
Consider formalising the relationship — marriage or civil partnership resolves the intestacy gap entirely

FAQs

Does a cohabiting same-sex partner inherit under the intestacy rules in England and Wales?

No. The intestacy rules in England and Wales (Administration of Estates Act 1925, as amended) give automatic inheritance rights only to a spouse or civil partner, and then to blood relatives in a fixed order: children, parents, siblings, and so on. A cohabiting partner — regardless of how long the relationship has lasted or whether the couple has children together — receives nothing under intestacy. This applies equally to opposite-sex and same-sex cohabiting couples. The 'common law spouse' concept has no legal basis in England and Wales. The only way a cohabiting partner can inherit is if the deceased left a valid will, or if the survivor successfully brings a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

What happened to rights after the Marriage (Same Sex Couples) Act 2013 and the Civil Partnership Act 2004?

The Civil Partnership Act 2004 (in force 5 December 2005) gave same-sex civil partners exactly the same intestacy rights as married spouses. The Marriage (Same Sex Couples) Act 2013 (in force 29 March 2014) extended marriage to same-sex couples, again with full spousal intestacy rights. These Acts mean that a same-sex couple who have registered a civil partnership or married each other are treated identically to opposite-sex married couples for inheritance purposes. However, a couple who are simply cohabiting — who have not formalised their relationship by marriage or civil partnership — remain entirely outside the intestacy scheme. Marriage/civil partnership is the legal bright line, not the length or nature of the relationship.

Can a cohabiting same-sex partner claim under the Inheritance (Provision for Family and Dependants) Act 1975?

Yes, but only if strict conditions are met. Section 1(1)(ba) of the Inheritance Act 1975 (inserted by the Law Reform (Succession) Act 1995) allows a claim by 'any person... who during the whole of the period of two years ending immediately before the date when the deceased died, was living in the same household as the deceased, and as the husband or wife of the deceased'. In Gully v Dix [2004] the Court of Appeal confirmed this provision covers same-sex cohabitants. The court applies a two-stage test: (1) has the applicant failed to receive reasonable financial provision from the estate? and (2) what award should be made? For a cohabiting partner, 'reasonable financial provision' is what is reasonable in all the circumstances for the applicant to receive for maintenance — not the higher 'surviving spouse' standard. The claim must be brought within six months of the grant of probate or letters of administration, though the court has discretion to extend time.

What gaps remain after a civil partnership is dissolved?

Dissolution of a civil partnership operates exactly like divorce for succession purposes. Section 18A of the Wills Act 1837 provides that a civil partnership dissolution (like a divorce) does not automatically revoke a will, but any appointment of the former civil partner as executor or any gift to the former civil partner in a will made before dissolution takes effect as if the former civil partner had died on the date of dissolution. Under the intestacy rules, a dissolved civil partner has no inheritance right. However, a dissolved civil partner may be able to bring an Inheritance Act 1975 claim as a 'dependant' under s.1(1)(e) if they were being maintained by the deceased immediately before death. The two-year cohabiting household condition in s.1(1)(ba) will usually not be satisfied after dissolution, as the parties are unlikely to be living together; the dependant route under s.1(1)(e) may still be available if financial dependency can be shown.

How does the intestacy position for a cohabiting same-sex partner compare with a married spouse?

The difference is stark. A surviving spouse or civil partner takes the entire estate under the intestacy rules if the deceased left no surviving children (Administration of Estates Act 1925, s.46, as amended). If there are surviving children, the spouse takes all personal chattels, a statutory legacy (£322,000 from 26 July 2023), and half the residue; the children take the other half. A cohabiting partner takes nothing: the entire estate passes to the deceased's blood relatives, regardless of how long the couple lived together or whether they owned a home jointly. For jointly owned property held as beneficial joint tenants, the survivorship rule passes that property automatically to the survivor by operation of law — but this is separate from the intestacy rules and applies to both married and cohabiting couples equally.

What should a cohabiting same-sex couple do to protect each other?

The single most important step is to make a will. Both partners should each make a will leaving the estate (or specific assets) to the other. Without a will, the entire estate goes to blood relatives under the intestacy rules. Additional steps include: (1) review jointly owned property — change from tenants in common to beneficial joint tenants (or vice versa, depending on your circumstances and IHT planning) so survivorship operates as intended; (2) check pension nominations — pensions do not pass under the will but by the trustees' discretion, so nominate your partner on the expression of wishes form; (3) consider a lasting power of attorney so your partner can manage your affairs if you lose capacity; and (4) if long-term financial interdependence exists, consider formalising the relationship by civil partnership or marriage to obtain full legal recognition. Making a cohabitation agreement also documents the intended ownership of shared assets, though it does not resolve the intestacy gap.

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