Cohabiting Couples Do Not Automatically Inherit Without a Will. Proposals by the UK Government to strengthen the legal rights of unmarried cohabiting couples have been welcomed by family lawyers across England and Wales. However, while reform may be on the horizon, the current law remains unchanged – and many couples are still unaware of the risks they face if they do not have a valid Will in place.
The Government has launched a consultation in June 2026 examining whether cohabiting couples should receive greater legal protections when relationships end or when one partner dies. https://consult.justice.gov.uk/digital-communications/a-fairer-end-to-relationships-consultation/ The proposals could introduce financial remedies for qualifying couples who have lived together for at least three years or who have children together.
The consultation comes at a time when cohabiting couples are the fastest-growing family type in the UK. Yet despite the widespread belief in the concept of a “common law marriage”, no such legal status exists in England and Wales.
This misunderstanding can have devastating consequences.
What Happens If Your Partner Dies Without a Will?
Under the current law, unmarried partners do not automatically inherit their partner’s estate if they die without a Will, regardless of how long they have lived together.
This means that:
- A surviving partner may receive nothing from the deceased’s estate.
- Assets could pass to children, parents, siblings or other relatives instead.
- The surviving partner may face costly and stressful legal action to make a claim against the estate.
- The family home could become the subject of disputes, particularly if ownership arrangements are unclear.
Many people assume that living together for years provides the same legal protection as marriage. Unfortunately, that is not the case.
Government Consultation Highlights the Problem
Justice Secretary David Lammy has acknowledged that family law has not kept pace with modern relationships. The consultation seeks views on introducing greater certainty and protection for cohabiting couples facing separation, bereavement or domestic abuse.
Family law specialists have broadly welcomed the proposals, with many pointing out that millions of people remain vulnerable under the existing legal framework.
However, consultations take time, and any future legislation could be years away. Even if reforms are eventually introduced, there is no guarantee that all cohabiting couples will qualify for protection.
The Simple Solution: Make a Will
While politicians debate future reforms, the most effective way to protect your partner today is by making a professionally prepared Will.
A Will allows you to:
- Decide exactly who inherits your assets.
- Protect your partner’s financial future.
- Avoid uncertainty and family disputes.
- Appoint guardians for children.
- Ensure your wishes are clearly documented and legally recognised.
Without a Will, the law decides who inherits your estate – and that decision may not reflect your intentions.
Don’t Leave Your Loved Ones Unprotected
The Government’s consultation is a welcome recognition that the law may need updating. But until any changes are enacted, unmarried couples remain exposed to significant legal and financial risks.
If you live with a partner and want to ensure they are protected, now is the time to put a Will in place.
At Do It Legally, we help individuals and families create clear, legally valid Wills that provide peace of mind and certainty for the future.
For advice about making a Will and protecting your loved ones, contact Do It Legally today.