Cohabiting Partner Inheritance Rights UK 2025 — The Shocking Truth About Intestacy
Cohabiting couples — no matter how long they have lived together — have no automatic right to inherit from each other in England and Wales. If your partner dies without a will, you could receive nothing, even after decades together. This guide explains the intestacy rules, Inheritance Act claims, and what you must do now to protect your partner.
England and Wales have no common law marriage. Cohabiting couples have NO automatic inheritance rights under intestacy. Only a will, joint tenancy, or court claim under the Inheritance Act 1975 provides protection. Time limit for Inheritance Act claims: 6 months from grant of probate. Making a will costs from £150.
The Intestacy Rules — Who Gets What When There Is No Will
The Administration of Estates Act 1925 (as amended by the Inheritance and Trustees’ Powers Act 2014) sets out who inherits when someone dies without a will:
| Who survives? | What they receive | Cohabiting partner gets |
|---|---|---|
| Spouse/civil partner only | Entire estate | Nothing |
| Spouse/civil partner + children | Spouse gets personal property + £322,000 + half remainder. Children get other half. | Nothing |
| Children only (no spouse) | Split equally between children | Nothing |
| No spouse, no children | Parents, then siblings, then grandparents, then aunts/uncles | Nothing |
In every single scenario, the cohabiting partner receives nothing under intestacy. This applies equally if you have lived together for 1 year or 50 years — cohabitation has no legal status in English inheritance law.
Making a Will — The Essential Step
A professionally drafted will is the single most important step a cohabiting couple can take. It is relatively inexpensive (£150–£400 for a solicitor-drafted will; cheaper online services are available) and ensures your estate goes where you want it to go. Key considerations for cohabiting couples:
- Name your partner as beneficiary and specify what they receive
- Appoint your partner as executor so they can administer the estate
- Make mirror wills (both partners leave their estate to each other, then to chosen beneficiaries)
- Consider a trust if there are children from previous relationships, to balance the needs of partner and children
- Review the will after significant life changes (new property, children, major assets)
Joint Tenancy — Protecting the Home
If you own your home as joint tenants, the property passes automatically to the surviving partner on death, regardless of any will or intestacy rules. This is the right of survivorship. It is the most immediate protection for the family home. You can check whether you hold as joint tenants or tenants in common by looking at your Land Registry title register — a restriction note reading “No disposition of the registered estate … by a sole proprietor” indicates tenants in common. Changing from tenants in common to joint tenants requires a simple severance notice.
Frequently Asked Questions
Under intestacy, no. England and Wales do not recognise common law marriage regardless of how long a couple has lived together. Scotland has slightly different rules (cohabitants can claim under the Family Law (Scotland) Act 2006 within 6 months of the death). In England and Wales, the only routes for cohabitants are: a will, a joint tenancy, pension death benefit nominations, life insurance in trust, or a court claim under the Inheritance (Provision for Family and Dependants) Act 1975. Make a will today.
Yes, if you have lived together as a couple for at least 2 years immediately before the death. Make an Inheritance Act 1975 claim within 6 months of the grant of probate. The court considers what provision is reasonable for your maintenance. Evidence of financial dependence, contributions to the household, length of relationship, and the size of the estate all matter. Instruct a specialist wills and probate solicitor urgently — missing the 6-month deadline requires court permission to extend.