Government Cohabitation Consultation and the Rules of Intestacy
A lot of couples in England and Wales are part of the fastest-growing family type by being cohabitants. Despite this, the law has not kept up with what is going on in society especially in terms of inheritance. The Government has announced a consultation proposing major reforms to cohabitation law including how estates are dealt with under the rules of intestacy.
What is intestacy?
Intestacy is what happens to your estate when you die and do not have a legally valid Will specifying what should happen to your assets. Your assets will pass under statutory law rather than by your personal wishes. Intestacy rules establish a hierarchy of heirs which prioritises spouse/civil partner, children, parents and other relatives.
What would happen to my estate under the rules of intestacy?
People often think that unmarried cohabiting couples have the same rights as married couples when it comes to inheritance, but this is not the case. The intestacy rules are strict in that only spouses and civil partners have automatic rights to inheritance whereas cohabiting couples stand to inherit nothing regardless of how long they have been together. An estate would pass to the next living relatives such as children, parents or other surviving relatives, under the existing rules of intestacy.
What issues can arise to unmarried cohabiting couples under the rules of intestacy?
Families can face unnecessary stress especially if a surviving partner has been left financially vulnerable or at risk of losing their family home by not inheriting their partner’s estate.
Claims can be made by the surviving cohabiting couple under the Inheritance (Provision for Family Dependants) Act 1975 but these all depend on the circumstances and are often costly, time-consuming and can be uncertain.
The Government is now recognising that the law does not relate to the modern family life of cohabiting couples and explicitly states that the current law can leave bereaved partners with no inheritance which can create an unfair outcome and hardship.
BREAKING NEWS: Government Moves to Strengthen Rights for Unmarried Couples
The Government has launched a long-awaited consultation on cohabitation rights which is an important step towards better protection for unmarried couples. For family lawyers, this reform is overdue.
What changes will the reform bring to the rules of intestacy?
The consultation is proposing to reform the intestacy rules by changing automatic inheritance rules to include qualifying cohabitants under an eligibility criterion such as couples having lived together for a minimum time period and/or having had a child together. They are looking to reduce the reliance on court claims which can be costly and provide more certainty to cohabiting families.
The proposals will form part of a broader change to cohabiting couples who are undergoing a separation, divorce and other family law areas.
These proposed changes will be a big change and a potential sigh of relief to a lot of cohabiting couples however, they do not take effect yet and are only under consultation. When the reform will be implemented is unknown and what changes and criteria it will introduce remain uncertain.
Our thoughts on the proposed changes
Tara Carrington-fletcher, Private Client Team at Thornton Jones says: “These proposed reforms are a positive step towards recognising modern family life and could provide much-needed protection for cohabiting couples. Until any changes become law, unmarried partners remain vulnerable under the rules of intestacy, making a professionally drafted Will the best way to safeguard loved ones.”
What steps can I take to protect a cohabiting partner?
Whilst cohabiting couples remain unprotected under the rules of intestacy, we strongly recommend that any cohabiting couples should consider making a Will to ensure that their estates pass to who they want it to go to.
Wills are very important documents that ensure that your assets pass how you want them to go. Not a lot of people consider the consequences of not having a Will and just automatically assume that under intestacy, their assets will pass where they want them to go to but, especially where cohabiting couples are concerned, this is not always the case.
When preparing Wills at Thornton Jones, we look not only at the distribution of your assets, but also the best way to make your estates tax efficient and assist with planning for the future. We ensure that all aspects of your estate are covered and provide the relevant advice for lifetime planning.
If you could benefit from having a Will prepared or have any queries about the process, please get in contact with us to arrange an initial appointment.
Need Advice About Cohabitation and the Rules of Intestacy?
If your partner has died without leaving a valid Will, understanding how the rules of intestacy apply to cohabiting couples can be particularly challenging. Unlike married couples and civil partners, unmarried partners do not automatically inherit under the rules of intestacy, regardless of how long they lived together or whether they shared children. Seeking legal advice as early as possible can help you understand your rights and explore the options available.
At Thornton Jones Solicitors, our experienced Wills, Trusts and Probate team can explain how the rules of intestacy apply to cohabiting couples and guide you through the estate administration process. We can assist by:
- Explaining how the rules of intestacy affect unmarried couples when there is no valid Will
- Advising whether you have any legal entitlement to inherit from an intestate estate
- Assessing whether you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975
- Assisting with applications for a Grant of Letters of Administration where appropriate
- Advising personal representatives and administrators on their legal duties when administering an intestate estate
- Providing guidance where there are disputes between surviving partners, family members, or other beneficiaries
- Advising on complex family circumstances, including blended families, jointly owned property, and financial dependency
- Helping you understand the steps you can take to protect your partner and loved ones through effective estate planning and professionally drafted Wills
- Offering clear, practical, and compassionate legal advice to help you navigate the probate process with confidence
The rules of intestacy can have a significant impact on who inherits an estate when someone dies without a valid Will. Obtaining timely legal advice can help you understand your rights and responsibilities, ensure the estate is administered correctly, and avoid unnecessary delays or disputes during the probate process.
Get in touch with our friendly and knowledgeable team today to discuss your options. You can call us on 01924 290 029 or contact us using our online enquiry form.
Rules of Intestacy FAQs
No. Under the current law in England and Wales, cohabiting partners do not automatically inherit if their partner dies without a valid Will, regardless of how long they have lived together. Only spouses and civil partners have automatic inheritance rights under the rules of intestacy. If you are not married or in a civil partnership, it is important to have a professionally drafted Will to ensure your partner is provided for.
Yes, in some circumstances. A surviving cohabiting partner may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they were financially dependent on the deceased or had lived together as a couple for the required period before death. However, these claims can be complex, costly, and there is no guarantee of success.
The Government has launched a consultation considering reforms to the rules of intestacy. The proposals include allowing certain qualifying cohabiting partners to inherit automatically where specific eligibility criteria are met, such as living together for a minimum period or having children together. The aim is to better reflect modern family life and reduce the need for court claims.
No. The proposed reforms are currently under consultation and have not become law. This means the existing rules of intestacy continue to apply, and cohabiting partners still have no automatic right to inherit if their partner dies without a valid Will.
The most effective way to protect a cohabiting partner is by making a valid Will. A Will allows you to decide who should inherit your estate, rather than relying on the rules of intestacy. It also provides an opportunity to consider inheritance tax planning, appoint executors, and ensure your wishes are clearly recorded, giving greater certainty for your loved ones.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
