Living Together but Left Out: Cohabitees, the Inheritance Act 1975 and the Push for Reform

When the Inheritance (Provision for Family and Dependants) Act 1975 originally came into force, the societal landscape looked very different. Marriage was the norm, and the legislation was enacted to ensure a legal safety net for spouses, former spouses and children. Fifty years on, the picture has dramatically changed. More than 3.5 million couples in England and Wales now live together without marrying or entering into a civil partnership, a figure that has more than doubled over the past three decades. The law, however, has been slow to catch up, and nowhere is that gap felt more sharply than on death.

Where Cohabitees Stand Under the 1975 Act

Cohabitees were not part of the original 1975 Act at all. It was only in 1996, following the Law Reform (Succession) Act 1995, that a dedicated category was introduced. This dedicated category can be found under section 1(1)(ba), that states, a person may bring a claim if, for the whole of the two years ending immediately before the date of death, they were living in the same household as the deceased as if they were a spouse or civil partners.

Two features of this category are worth pausing on. First, the two-year qualifying period is strict: the relationship must have subsisted, in the same household, for a period of two years right up to the date of death. Second, even a successful, a cohabitee claimant is limited to the “maintenance” standard of provision and an award is made based on what is reasonable for their maintenance, rather than the more generous surviving spouse standard, which is not capped by maintenance and takes account of what they might have received on divorce.

The Intestacy Problem

The deeper issue arises where a cohabiting partner dies without a will. The intestacy rules in the Administration of Estates Act 1925 distribute the estate according to a fixed hierarchy: spouse or civil partner first, then children, then wider family. Cohabitants do not appear anywhere in that hierarchy. It does not matter how long the couple lived together, whether they raised children together, or how intertwined their finances were, the surviving partner has no automatic entitlement whatsoever.

Their only route is to bring a claim under the 1975 Act. Embarking on the stress and expense of litigation, having sadly lost their partner, often against their partner’s blood relatives or even their own children, simply to secure what most people would assume was already theirs.

In a recent matter, we advised on a long-term cohabiting relationship where there were two young children and neither partner had made a will. The family home, acquired outright by the deceased partner through an inheritance, was registered in that partner’s sole name. Following the sudden death of that partner and the operation of the intestacy rules, the children, rather than the surviving partner, became entitled to the property. The survivor therefore had no automatic entitlement to, or control over, the family home, and court proceedings were required to secure a life interest or occupation right to provide stability for the family. The case settled, and because the beneficiaries were minors, a litigation friend was appointed and independent counsel’s advice was obtained to confirm that the settlement of our client’s claim was in their best interests and to reduce the risk of any later challenge.

“A Fairer End to Relationships”: What the Government is Proposing

In June 2026, the Ministry of Justice opened its consultation, ‘A fairer end to relationships’, bringing together reform of financial remedies on divorce, protections for cohabitants on separation, and inheritance provision for cohabitants on death.

On intestacy, the headline proposal is that qualifying cohabitants would inherit automatically where their partner dies without a valid will, in the same way as a spouse or civil partner, both in terms of the amount they receive and their position in the order of entitlement. The Government’s preferred approach is that these rights would apply to relationships of “marriage-equivalence”, with views invited on a minimum duration period (a three-year threshold has been suggested) and on whether the position should differ where the couple share children. The consultation also proposes aligning a qualifying cohabitant’s right to administer the estate with these new entitlements, and asks whether the two-year qualifying period for a 1975 Act claim should be removed where the surviving partner and the deceased had children together.

What Would This Mean in Practice?

If adopted, the proposals could significantly reduce the number of 1975 Act claims by co-habitants arising on intestacy. A surviving cohabitant who currently inherits nothing would instead take a statutory entitlement automatically, just as a widow or widower currently does. Families would be spared the cost, delay and acrimony of contested inheritance act claims brought simply because the couple never married. The 1975 Act would remain available as a safety net, but for many bereaved partners it would no longer be the only option.

That said, these are currently proposals only. The government consultation closes on 14 August 2026, and no change in the law has yet been made. New questions would also inevitably arise if these proposals are implemented such as when did cohabitation begin, does the relationship meet the definition. These questions may generate disputes of their own.

The Key Takeaways

These proposed reforms are helpful but until they arrive, for unmarried couples who are co-habiting, they would be well advised to ensure they have prepared wills in place. While the preparation of a will is an expense, it is a significantly cheaper option than engaging in litigation under the 1975 Act.

Unless these reforms are enacted by the Government, the current position remains unsatisfactory. Cohabitants currently have no place in the intestacy rules, and a claim under the 1975 Act, with its two-year qualifying period and maintenance-only standard, is the only option where there is no will prepared.

How Gordon’s Partnership Can Help

Gordon’s Partnership have an experienced Private Wealth Disputes team who can assist individuals facing an intestacy or who are considering if they can bring a claim under the 1975 Act.

To speak with a member of our team, please contact Stephen Bottomley or Lyssa Reeve.