Intestacy Reform 2025 UK: Cohabiting Partner Rights and the Case for Change

Updated 31 May 2026 · 9 min read · Intestacy & Reform

Cohabiting couples are the fastest-growing family type in England and Wales. Yet the intestacy rules — the legal rules that govern who inherits when someone dies without a will — give a cohabiting partner no automatic right to inherit anything, regardless of how long the relationship lasted. This article explains the current rules, the history of reform efforts, and what cohabiting couples can do right now to protect each other.

The Current Law: Cohabitants Inherit Nothing on Intestacy

Under the Administration of Estates Act 1925 (as amended), the intestacy rules distribute a deceased person’s estate in a fixed hierarchy:

Spouse or civil partner (and children, if any)
Children and their descendants
Parents
Full siblings (and their descendants)
Half siblings (and their descendants)
Grandparents
Uncles and aunts and their children
The Crown (bona vacantia) — if no relatives survive

A cohabiting partner does not appear anywhere in this list. It does not matter whether the couple lived together for 2 years or 40 years; whether they had children together; whether the deceased clearly intended their partner to inherit. Without a will, the partner receives nothing. The estate goes to whoever is next in the statutory hierarchy — which may be an estranged parent, a distant sibling, or the Crown.

The ‘Common Law Marriage’ Myth

A persistent and damaging misconception is that long-term cohabiting couples have the same legal rights as married couples — the “common law marriage” myth. There is no such concept in English law. It does not exist. There has never been a common law marriage in English domestic law since Lord Hardwicke’s Act 1753 established that marriage required a formal ceremony.

Surveys consistently show that a majority of the public believe cohabiting couples have automatic legal rights — particularly in relation to property and inheritance. This false belief leads people not to make wills because they assume their partner is protected. The consequence, when a partner dies intestate, is devastating: the surviving partner may lose their home, receive no share of their joint savings, and face a legal battle to establish any entitlement.

The Inheritance Act 1975: An Inadequate Safety Net

A cohabiting partner may apply to court under the Inheritance (Provision for Family and Dependants) Act 1975 for financial provision from the estate, but only if they:

Were living in the same household as the deceased as if they were a spouse or civil partner for the whole of the two years immediately before the death; or
Were being wholly or partly maintained by the deceased immediately before the death.

Even if eligible, a cohabiting partner can only claim such provision as is reasonable for their maintenance — not the same standard as a spouse, who can claim whatever provision is reasonable in all the circumstances. The claim requires contested court proceedings, is costly, and is not guaranteed to succeed. The Inheritance Act is a last resort, not a substitute for a will or for reform of the intestacy rules.

History of Reform Proposals

The Law Commission’s 2011 Report

In 2011 the Law Commission published Intestacy and Family Provision Claims on Death (Law Com No 331). It recommended extending intestacy rights to cohabitants who had either:

Cohabited continuously for at least five years; or
Cohabited for any period if they had a child together.

The proposed entitlement was broadly equivalent to the spouse’s intestate share. The 2014 Inheritance and Trustees’ Powers Act implemented several other Commission recommendations — increasing the statutory legacy for spouses, simplifying the residuary estate rules — but did not implement the cohabitant provisions. The Government of the time declined to legislate on cohabitant rights, and successive governments have maintained that position.

Private Members’ Bills

Parliament has seen multiple private members’ bills attempting to introduce cohabiting-partner intestacy rights. All have failed to progress through both Houses. The obstacles have been definitional (how to identify a qualifying cohabiting relationship), concerns about the impact on testamentary freedom, and lack of government support (private members’ bills without government backing rarely succeed).

The Scottish Model

Scotland has taken a different approach. The Family Law (Scotland) Act 2006 allows a cohabiting partner to apply to court for a discretionary share of the deceased’s estate on intestacy. This is not an automatic entitlement — it requires a court application within six months of the death, and the court exercises discretion — but it does give cohabiting partners a legal route to recognition. The Scottish model has been proposed as a template for English reform, though it has been criticised for requiring costly litigation rather than providing the certainty of automatic rights.

Where Does Reform Stand in 2025–26?

As of 2025-26, there is no government legislation before Parliament to extend intestacy rights to cohabitants in England and Wales. The Law Commission’s 2025 report, Making a Will, focused on will formalities — electronic wills, video-witnessed wills, and capacity assessment — rather than intestacy reform. The intestacy gap for cohabitants remains as it was.

The legal position is unchanged: a cohabiting partner in England and Wales has no automatic right to inherit on intestacy, regardless of the length of the relationship. Until Parliament legislates, the only protection available is a valid will.

What Cohabiting Couples Must Do Now

Five Steps to Protect Your Partner

Make a will — both of you. A will overrides the intestacy rules entirely. Leave your estate (or a specified share) to your cohabiting partner. Both partners must have their own will — if both die simultaneously and only one had a will, the intestacy rules apply to the other’s estate.
Consider mirror wills. Mirror wills each leave the estate to the other, and then to chosen beneficiaries (children, charities). They are a cost-effective solution for couples without complex assets.
Review how you own your home. If you own property as beneficial joint tenants, the right of survivorship means the property passes to the survivor on death outside the estate and the will. If you own as tenants in common, your share does not automatically pass to the other — it passes under your will or intestacy.
Nominate your partner for pension death benefits. Most pension death benefits are paid at the trustees’ discretion. Completing a nomination form for your scheme is essential — without it, trustees may not pay to your partner.
Review life insurance beneficiary nominations. Ensure any life insurance policy names your partner as beneficiary — policies written in trust avoid the estate and pay directly to the named beneficiary.

FAQs

Do cohabiting partners inherit anything if there is no will in England and Wales?

No. Under the current intestacy rules in England and Wales (Administration of Estates Act 1925, as amended by the Inheritance and Trustees' Powers Act 2014), a cohabiting partner — however long the relationship — has no automatic right to inherit anything from the deceased's estate if there is no will. The intestacy rules pass the estate to the deceased's spouse or civil partner, and then to blood relatives in a fixed order: children and their descendants, parents, siblings, grandparents, uncles and aunts. A cohabiting partner falls outside this hierarchy entirely and receives nothing under the intestacy rules. The only route to a remedy is an application under the Inheritance (Provision for Family and Dependants) Act 1975, which requires the survivor to have been maintained by the deceased or to have been living in the same household as husband and wife or civil partners for the whole of the two years immediately before the death. Even a successful 1975 Act claim produces only 'maintenance' — not a full share of the estate — and requires costly court proceedings.

What did the Law Commission recommend on intestacy reform?

The Law Commission examined the intestacy rules as part of its 2011 report 'Intestacy and Family Provision Claims on Death' (Law Com No 331). The Commission recommended that cohabitants who had lived together for at least five years, or any period if they had a child together, should receive a share of the estate on intestacy — broadly equivalent to what a spouse would receive. The recommended period was a 'cohabitation condition' of five years' continuous cohabitation, or two years if there were children. The 2014 Inheritance and Trustees' Powers Act implemented some Commission recommendations (increasing the spouse's statutory legacy from £250,000 to £270,000, later raised to £322,000, and changing the rules on residuary estate division) but did not implement the cohabitation provisions. The cohabiting-partner intestacy reform remained unimplemented. The Law Commission's 2025 'Making a Will' consultation and report, published in May 2025, focused on will formalities rather than intestacy reform, though it noted the gap in cohabitant protection as a matter of concern.

What is the current statutory legacy amount for a surviving spouse?

The intestate succession rules give a surviving spouse or civil partner a 'statutory legacy' — a preferential sum from the estate — before the remainder is divided. The statutory legacy is set by statutory instrument and is currently £322,000 (increased by The Administration of Estates Act 1925 (Fixed Net Sum) Order 2020). After the statutory legacy and personal chattels, the residue of the estate is divided equally between the spouse and any children (or descendants). If there are no children, the spouse takes the whole estate. The statutory legacy amount is reviewed periodically and the figures above apply in 2025-26. The key point for cohabitants: there is no equivalent statutory legacy, no residue share, no entitlement at all.

Have any private members' bills tried to reform cohabitant intestacy rights?

Yes, repeatedly. Parliament has seen multiple attempts to extend intestacy rights to cohabitants, none of which have become law. Notable attempts include the Inheritance (Cohabitants) Bill, introduced in various sessions, which would have given cohabitants who had lived together for at least two years a right to inherit in the same way as a spouse. Successive governments have declined to adopt these bills, citing concerns about the definitional challenges of identifying a qualifying cohabitant, the risk of disputes, and the impact on testamentary freedom. Scotland took a different approach: the Succession (Scotland) Act 1964, as amended by the Family Law (Scotland) Act 2006, gives a cohabiting partner the right to apply to court for a share of the deceased's estate on intestacy — not automatic inheritance, but a court-ordered discretionary award. This Scottish model has been cited as a template for English reform.

What can cohabiting couples do right now to protect each other?

The single most important step is to make a will. A will entirely overrides the intestacy rules. If you make a valid will leaving your estate (or a specific share of it) to your cohabiting partner, they will inherit accordingly, regardless of the fact that they would receive nothing on intestacy. Key steps: (1) Both partners should make a will — if both die in an accident and only one had a will, the other's estate may still pass away from the intended survivor. (2) Consider mirror wills (each leaving to the other, then to children or chosen beneficiaries) or a trust-based structure if there are children from previous relationships. (3) Review joint property ownership: if you own property as beneficial joint tenants, the right of survivorship means the property passes to the survivor outside the estate, regardless of the will or intestacy. Tenants in common do not have this right of survivorship — the deceased's share passes under their will or intestacy. (4) Nominate pension beneficiaries: most pension schemes pass death benefits under a discretionary nomination — nominate your cohabiting partner with the scheme trustees. (5) Keep wills updated: an intestacy can arise if a will does not cover the whole estate, or if gifts lapse.

Is intestacy reform likely to happen in England and Wales?

As of 2025-26, there is no government legislation before Parliament to extend intestacy rights to cohabitants in England and Wales. The Law Commission's 2011 recommendation on cohabitant intestacy rights remains unimplemented after more than a decade. The Law Commission's 2025 'Making a Will' project focused on will formalities (electronic wills, capacity, undue influence) rather than intestacy. Successive governments have acknowledged the gap but have not committed to legislation. Public awareness of the issue has grown — polling consistently shows that most people believe cohabiting couples already have legal rights (the 'common law marriage' myth), and that this misconception contributes to the harm caused when people die intestate believing their partner is protected. In the absence of reform, the advice is unambiguous: if you cohabit and want your partner to inherit, make a will.

Don’t Wait for Reform — Make a Will Today

The intestacy rules will not protect your cohabiting partner. A valid will does. WillSafe’s DIY will kit for England and Wales lets you make a legally valid will at home — ensuring your partner inherits exactly what you intend, whatever the law may or may not do in the future.

Make Your Will ›