More than 3.5 million couples in England and Wales live together without being married or in a civil partnership. However, when it comes to inheritance, the law currently treats unmarried partners very differently from spouses and civil partners.
If someone dies without a valid will, their estate is distributed according to the rules of intestacy. This can lead to family members that are not deserving to inherited things that the deceased would have wanted to go to their partner. Under the current rules, an unmarried partner has no automatic right to inherit from their partner's estate, regardless of how long they have lived together.
There is a possible change coming.
In June 2026, the Ministry of Justice published its A Fairer End to Relationships consultation, which included proposals to reform inheritance law for cohabiting couples.
One proposal is to give certain qualifying cohabitants automatic inheritance rights where their partner dies without a will. The Government is also considering whether qualifying partners should have greater priority when applying to administer an estate.
At present, some surviving partners may instead need to consider bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This can involve additional time, expense and uncertainty at an already difficult stage.
The Government consultation closed on 14 August 2026. The proposals are not currently law, and further details would need to be determined before any new system was introduced.
For now, the legal position remains important: simply living together does not give an unmarried partner the same inheritance rights as a spouse or civil partner. It is for this reason that you need to ensure your will is up to date and specifies your wishes.
For cohabiting couples, having a properly prepared will therefore remain one of the most effective methods to ensure that their wishes are recorded and the people they want to benefit are provided for.
References
Administration of Estates Act 1925.
Inheritance (Provision for Family and Dependants) Act 1975.
Ministry of Justice (2026) A Fairer End to Relationships: Consultation Document. London: Ministry of Justice.
