The Ministry of Justice has launched a major consultation that could reshape the legal rights of cohabiting couples across England and Wales.
The consultation, titled A Fairer End to Relationships, explores reforms to financial arrangements when relationships end, including financial remedies on divorce, financial support for separating cohabitants and inheritance rights when a cohabiting partner dies.
A potentially huge change in the proposals surrounds intestacy laws. If enshrined into law, the changes would give qualifying cohabitants automatic inheritance rights where their partner dies without a valid will.
In this blog, we’ll explore the implications of this and what you can do to protect yourself should these changes come to pass.
What are the current rules?
You might be surprised to learn that there is no such thing as a “common law marriage” in England and Wales. Under the current intestacy rules, if you’re unmarried, you won’t automatically inherit from your partner (and vice versa) if either of you dies without a will. This applies regardless of how long you’ve lived together or whether you consider yourselves to be in a committed relationship.
Instead, the deceased’s estate passes according to a strict legal hierarchy. This means assets may pass to children, parents, siblings or other relatives rather than to the surviving partner.
In some circumstances, a surviving cohabitant may be able to bring a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975, but these claims can be complex, time-consuming and costly at a time when you and your family will already be under a lot of emotional strain.
What changes are being proposed?
The Government is consulting on proposals that would extend intestacy rights to qualifying cohabitants, allowing them to inherit automatically when a partner dies without a valid will. The consultation is also considering giving qualifying cohabitants rights to administer an estate in a similar way to spouses and civil partners.
Alongside this, the consultation is exploring broader reforms aimed at providing greater legal protections for cohabiting couples when relationships end. The Government has stated that the proposals are intended to reflect the realities of modern family life while maintaining the distinct legal status of marriage and civil partnership.
It’s important to remember that these are currently proposals only. The consultation remains open until 14 August 2026 and no changes have yet been made to the law.
What could this mean for you?
For some couples, the proposed reforms could provide greater financial security and certainty following the death of a partner.
However, the proposals also highlight why relying on intestacy rules is rarely the best approach. Even if cohabitants do gain automatic inheritance rights in the future, intestacy rules are a blunt instrument. They cannot reflect the specific wishes, family circumstances or financial arrangements of individual couples.
For example, you may wish to:
- Leave assets to children from a previous relationship
- Protect vulnerable beneficiaries
- Make gifts to friends, charities or other family members
- Ensure particular assets pass to specific people
- Put trust arrangements in place for tax or asset protection purposes.
None of these objectives can be achieved through intestacy rules alone.
How can you protect yourself?
The most effective way to ensure your wishes are carried out is to have a professionally drafted will. A properly prepared will gives you control over what happens to your estate, helps minimise uncertainty and can reduce the risk of disputes after your death.
This is particularly important for cohabiting couples, blended families, business owners and anyone with more complex family or financial arrangements. Even if you already have a will in place, this consultation serves as a useful reminder to review it regularly and ensure it still reflects your current circumstances and wishes.
The importance of legal advice
Inheritance planning is rarely a “once and done” event. When your circumstances change, so will your wishes for your estate. Maybe you’ve had children since your last will, or perhaps you’ve separated from a previous partner. The list is endless.
Taking professional legal advice can help you understand your options, identify potential risks and put the right protections in place.
At Gorvins, our Wills, Trusts and Probate team advises individuals, couples and families on all aspects of estate planning. Whether you need a new will, want to review an existing one or would like advice on protecting your family’s future, we’re here to help.
How Gorvins can help
Our experienced Wills, Trusts and Probate team can help you:
- Prepare or update your will
- Review your estate planning arrangements
- Advise on inheritance and succession planning
- Create trusts to protect assets and beneficiaries
- Navigate disputes relating to estates and inheritance.
To speak to a member of the team, call us on 0161 930 5151, email us at enquiries@gorvins.com or complete our online enquiry form.