Cohabitation: Succession

The current law allows people to make a will to set out their wishes on who should inherit their assets after their death, including cohabitees.

At present, unmarried cohabiting partners have no automatic inheritance rights under the current intestacy rules (which apply if an individual dies without a valid will). However, cohabitees may apply for family provision claims from the estate of the deceased if they cohabited with the deceased for a continuous period of at least two years, ending immediately before the death of the deceased.

The Government shares concerns about these limited existing protections for cohabiting couples. It is particularly concerning that the weakness of these protections disproportionately affects the vulnerable, including survivors of domestic and economic abuse, and women, who are often the more financially vulnerable party in a relationship.

For these reasons, the Government made a 2024 manifesto commitment to “strengthen the rights and protections available to women in cohabiting couples”. The Government is working to deliver this manifesto commitment and plans to issue a formal consultation as a next step later this year to build public consensus on what cohabitation reform should look like.