Did you know that cohabiting couples currently have fewer legal rights than married couples or civil partners? In the UK, there is no such thing as common‑law marriage. No matter how long you live together or whether you have children, unmarried cohabiting partners do not have the same legal rights or protections as married couples.
New Government proposals could change that. With reforms being considered around financial protection on separation, inheritance rights and domestic abuse safeguards. In this blog, we focus specifically on inheritance rights and the rules of intestacy.
UK intestacy rules
Under the UK intestacy rules, unmarried partners are not automatically entitled to inherit from their partner’s estate, regardless of the length of the relationship. Without a valid will, the estate will pass to the deceased’s next of kin. This can create financial difficulties and uncertainty for the surviving partner.
The consultation explores introducing automatic inheritance rights for surviving cohabitants where a partner dies intestate (without a will). The proposes changes recognises and reflects the increase of cohabiting relationships in the UK with over 3.5 million unmarried couples living together.
Our previous blog provides a clear overview of the current intestacy rules, helping you determine if you have a right to inherit.
The government’s proposed reforms
The consultation forms allow wider discussions about whether family law has evolved in line with modern relationships and contemporary living arrangements.
Key questions under review include whether eligibility should apply only to couples who:
- Have lived together for over three years.
- Or, share a child.
Many legal professionals have welcomed the review, debating the current framework can leave long-term partners vulnerable. However, some have suggested that it weakens the legal status of marriage.
How this may impact probate researchers
If cohabitation reforms expand inheritance rights for unmarried partners, probate researchers may face more disputes over who is legally entitled to an estate and may need to verify relationship status in line with the updated intestacy rules.
The importance of a will
A will remains as one of the most effective ways for individuals to ensure their estate is distributed as they wish. A properly drafted will provides clarity to your loved ones regarding who is inheriting assets, property and administrating the estate.
Conclusion
While the consultation signals significant change, the reforms are not yet in force. They are currently part of a 10‑week government consultation that launched on 5 June 2026. The proposed reforms aim to better reflect modern relationships. In this blog, we focused on the impact on inheritance rights and the potential changes to intestacy rules. To read more about the reforms, click here.
