What unmarried couples can do ahead of proposed law changes
For many couples today, living together without marrying or entering a civil partnership is becoming increasingly common. Whilst the traditional “family type” has evolved over the years, the law on inheritance has largely remained unchanged.
The common misconception is that unmarried couples who live together for a long period of time have automatic legal and inheritance rights under what is typically referred to as “common law marriage”. However, this concept isn’t legally recognised in England and Wales, meaning that unmarried couples do not enjoy the same entitlements in law as married couples or civil partners when one partner dies.
What is the current position when there is no Will?
Under current law, if an unmarried partner dies without leaving a Will, the intestacy rules apply. The rules set out an order of priority as to who inherits the estate, starting with a spouse or civil partner followed by children and other family members (such as parents, siblings and so on). The surviving partner has no automatic right to inherit regardless of how long they lived with the deceased, whether they have shared finances and/or whether they had children together. Instead, their only potential avenue for financial provision is to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. However, this usually involves court proceedings, which can be expensive, time-consuming and offer no guarantee of a successful outcome. A surviving partner is therefore often left facing financial uncertainty at an already challenging and emotional time.
Could the law be changing?
On 5th June 2026, the government published a consultation titled “A Fairer End to Relationships”, which reviews the existing legal framework relating to family and inheritance law. One area that the consultation explores is whether the intestacy rules should be updated to better reflect modern day relationships and family life.
One of the key proposals is to give qualifying cohabiting partners automatic inheritance rights under the intestacy rules when their partner dies without a Will, in the same way as a spouse or civil partner would. The government is also consulting on what the eligibility criteria might be to qualify, which might include a minimum number of years a couple have lived together or whether they were in a relationship akin to a marriage or civil partnership.
Although these proposals could pave the way for greater financial security for unmarried couples, it is important to note that they are consultations only at this stage and not law.
What should unmarried couples do now?
Irrespective of potential future changes to the law, the safest way for unmarried couples to protect one another and ensure your estate passes to the people you wish to benefit is to make a professionally drafted Will. A Will can:
- Appoint trusted executors to administer the estate;
- Specify exactly who should inherit your estate;
- Provide for dependants, including children;
- Reduce the likelihood of disputes between family members; and
- Make gifts to those who would not otherwise inherit under the intestacy rules (such as charities or friends).
The importance of making a Will should therefore not be understated as it remains the best way to ensure that your wishes are respected.
How we can help
For further information, please contact Annabel Harding in the Wills, Trusts and Probate team on 01733 882800 or [email protected].
Annabel Harding, Solicitor
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