Government announces major reform plans for cohabiting couples: what it could mean for Wills and Intestacy

The UK Government has announced a wide-ranging consultation on reforming the legal rights of cohabiting couples in England and Wales. The proposals could significantly reshape how unmarried partners are treated on separation and, importantly, on death where no valid Will exists.

While the changes are not yet law, they represent one of the most significant potential shifts in family and succession law in decades.

The Current Law: No automatic protection for cohabiting partners

Under the current legal framework, cohabiting couples (those who live together but are neither married nor in a civil partnership) do not have the same legal protections as married couples.

In particular:

• Cohabiting partners have no automatic inheritance rights if their partner dies without a Will (intestacy) 
• The deceased’s estate is distributed according to strict statutory rules, prioritising spouses, children, and blood relatives 
• Unmarried partners may only inherit if they are named in a valid Will 
• In limited circumstances, a partner may bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but this is discretionary and often contested 

As a result, surviving cohabitants can face significant financial uncertainty, even after long relationships or joint financial commitments.

What the Government is Proposing

The Government’s consultation (launched in June 2026) seeks views on introducing a new legal framework for cohabiting partners. The proposals include:

• Introducing eligibility-based rights for cohabiting couples who meet certain criteria (such as minimum duration of cohabitation or having children together) 
• Allowing qualifying partners to make financial claims on separation, similar (though not identical) to divorce proceedings 
• Creating potential inheritance rights for cohabitants on intestacy, meaning a surviving partner could automatically inherit if their partner dies without a Will 
• Reforming the law governing financial provision and family claims to better reflect modern family structures 

These proposals aim to address what the Government describes as a growing gap between modern relationships and outdated legal protections.

Key Impact on Wills and intestacy

The most significant potential change for succession planning is the possible extension of intestacy rights to cohabiting partners.

If implemented, this could mean:

• A surviving cohabitant may inherit automatically if certain conditions are met 
• The current reliance on Wills as the only reliable protection for unmarried partners may be reduced 
• Disputes under the 1975 Act could decrease if clearer statutory rights are introduced 
• Estate planning may need to account for new categories of “eligible cohabitant” alongside spouses and civil partners 

However, the proposals are not intended to fully replicate marriage. The Government has indicated that any rights would likely be conditional and narrower than those of married couples.

What this means for individuals and families now

Until any reforms are passed by Parliament, the law remains unchanged. This means:

• Cohabiting partners should not assume they will inherit automatically 
• Making a valid Will remains essential to protect a partner 
• Property ownership structures (joint tenancy vs tenancy in common) continue to be critical 
• Cohabitation agreements may help clarify financial arrangements during lifetime separation 

The proposed reforms signal a major policy shift towards recognising the realities of modern relationships. If enacted, they could significantly alter how cohabiting partners are treated on death and in inheritance disputes.

However, the changes are still at consultation stage, and the current law remains firmly in place.

Individuals in cohabiting relationships should therefore continue to plan carefully, particularly through Wills and estate planning, to ensure their wishes are properly protected.