Proposals for reform of cohabitation rights on the death of a cohabitating partner

On 5 June 2026, the government published their open consultation on the topic of long-awaited reforms relating to cohabitation couples. This is certainly an area which has been needing significant reform, given the way in which people form families in England & Wales has evolved.

The consultation demonstrates that 3.5 million couples live together without marrying or entering a civil partnership, which is more than double than the number 30 years ago. In 2022 over half of babies, being 51%,were born to unmarried parents, Despite the clear demographic shifts, the law is yet to change.

This article will focus solely on Part 3 of the consultation, which puts forward proposals for the position of cohabitants on the death of their cohabitant partner.

Intestacy

Current legislation

The government recognises that the legal framework fo  rintestacy has not kept pace. Currently, when a person dies without a Will, a cohabitant has no automatic entitlement to inherit under the intestacy rules, regardless of the length or stability of the relationship. This means that unless you are a spouse or civil partner, you are not entitled to any of the deceased’s estate.

Under the current intestacy rules, the entitlement for a spouse/civil partner will be the whole estate if valued less than £322,000 or if the estate is worth more, they receive the first £322,000, and half of the residue, with the rest being divided between living children or living descendants.

If financial provision has not been made for them in a Will, the only remedy a cohabitee may have is if they are eligible to bring claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act).

Proposed reform

The government agrees with the Law Commission’s recommendation that qualifying cohabitants should inherit under the intestacy rules in the same way a spouse or civil partner, both in terms of the amount they may inherit and their position in the order of entitlement. In short, it is proposing a ‘marriage-equivalence’ definition.

The government have not yet specified what a ‘qualifying cohabitant’ would be, however the Law Commission’s previous proposal was 5years for couples without children, and 2 years where the couple share a child.

The government has proposed that couples must live together fora minimum of 3 years before they can access rights and protection from the cohabitation framework. Where there is a child involved, the government considers no minimum duration requirement should apply.

As set out above, the government will need to give some serious consideration to the eligibility criteria it seeks to impose, although it seems this could be somewhere between the 2–5-year period. Already there are concerns that this reform may potentially disinherit or drastically reduce the rights of the deceased’s children and it will be a task for the government to finely balance these interests.

1975 Act

Current legislation

Under the current Act, if a cohabitee has not been given reasonable maintenance provision in the testator’s Will, they may wish to explore bringing a claim. The current criteria allows cohabitants who had lived with the deceased, as if they were spouses or civil partners, for at least two years prior to death to make a claim on the estate.

Proposed reform

The proposed reform is to remove this two-year minimum duration period where the cohabiting partner meets the above definition but was also the father or mother of a child of a deceased person.

Abolishing the two-year waiting period for parents under the 1975 Act is a progressive proposal, which seeks to protects the financial stability of the surviving family unit.

Conclusion

Ultimately, whether the above proposed reforms come into effect rests on the outcome of the consultation, and the lifespan of the current government. It will be interesting to see how far the government is willing to extend cohabitation rights and whether they iron out some of the areas to make the framework workable.