What happens if my cohabiting partner dies without making a Will?
The simple answer is...
The simple answer is that if there is no Will, the assets will not pass to the surviving cohabitee but to the family members of the person who has died. However, making a Will can change this.
The Office of National Statistics recently released their report ‘Families and households: 2018’ which shows that the number of cohabiting couples continues to grow rapidly. There has been an increase of 25.8% since 2008 with the number of cohabiting couples growing to 3.4m.
With such a rise we increasingly see that cohabiting couples do not understand their legal rights when one person dies. There is no such thing as a common-law marriage. Only couples who are married or in a civil partnership are protected via the intestacy laws on death.
Cohabiting couples also do not benefit from the spouse/civil partner exemption for the payment of inheritance tax, which means that cohabiting couples could end up paying more in inheritance tax than their married/civil partner counterparts.
This means that it is extremely important for cohabiting couples to make a Will especially those who are wealthy or who share property or have children together.
If you have any questions surrounding the above article or regarding a Will, please contact the team by emailing info@leathesprior.co.uk or contacting 01603 610911.
If there is a dispute regarding the above, please contact our Probate Disputes Team who will be able to assist.
Dan Chapman successfully represents Louis Foster on his Appeal before the Motor Sport Council’s National Court.
Dan Chapman, head of Leathes Prior’s Sports Team, has successfully represented the racing driver Louis Foster on his Appeal before the Motor Sport Council’s National Court.
Updates to auto-renewing subscriptions: What can businesses do to prepare?
Lucy Matthews & Harry Smith in our Corporate & Commercial Team share an update on the Digital Markets, Competition and Consumers Act 2024 (“DMCC Act”) and the introduction of a new regime for consumer subscription contracts due to take effect in Spring 2027.
Uncorking Change: Current Legal Trends Shaping UK Viticulture
Viticulture is now widely recognised as one of the UK’s fastest growing agricultural sectors, supported by investment, climate change and consumer demand. Against that backdrop, the legal landscape is evolving quickly, and vineyards, investors and rural estates must keep pace with a combination of regulatory reform, environmental changes and labour pressures which are materially shaping how vineyards are established and operated. Rebecca Allen, Senior Associate in our Agriculture Team discusses the evolution of viticulture in the UK.
EPCs for Non-Domestic Property: The Latest Changes
The UK Government has announced a significant change to its proposed approach to energy efficiency standards for non-domestic property in England and Wales. For owners, investors and occupiers of commercial property, this is one of the most important developments in the EPC regime since the introduction of MEES. Rebecca Millard, Senior Associate in our Commercial Property Team explains...
Updates to auto-renewing subscriptions: What can businesses do to prepare?
Lucy Matthews & Harry Smith in our Corporate & Commercial Team share an update on the Digital Markets, Competition and Consumers Act 2024 (“DMCC Act”) and the introduction of a new regime for consumer subscription contracts due to take effect in Spring 2027.
Uncorking Change: Current Legal Trends Shaping UK Viticulture
Viticulture is now widely recognised as one of the UK’s fastest growing agricultural sectors, supported by investment, climate change and consumer demand. Against that backdrop, the legal landscape is evolving quickly, and vineyards, investors and rural estates must keep pace with a combination of regulatory reform, environmental changes and labour pressures which are materially shaping how vineyards are established and operated. Rebecca Allen, Senior Associate in our Agriculture Team discusses the evolution of viticulture in the UK.
EPCs for Non-Domestic Property: The Latest Changes
The UK Government has announced a significant change to its proposed approach to energy efficiency standards for non-domestic property in England and Wales. For owners, investors and occupiers of commercial property, this is one of the most important developments in the EPC regime since the introduction of MEES. Rebecca Millard, Senior Associate in our Commercial Property Team explains...
Leathes Prior advises Complete Strategy on sale to Flint Global
Alex Saunders, Partner in Leathes Prior's Corporate Team, advised Complete Strategy on the sale of its business to Flint Global. The acquisition marks Flint Global's first acquisition and represents the first step in its M&A growth strategy.
%20(1).webp)
Maternity Services in England: Recent Reports and What They Mean for Families
In a follow up to our recent article on maternity safety, Polly Langford, Partner in our Personal Injury & Clinical Negligence Team has written on the findings of the Ockenden Report and what this means for families.
Competing uses of farmland - what the new Land Use Framework means for your business
The Government has published the Land Use Framework – which DEFRA says is “a plan for delivering new homes, nature restoration, clean energy and food security." Rebecca Allen, Senior Associate in our Agriculture Team explains what this means and what to consider for your business.
Changes to qualifying period: Time to rethink probation periods?
From 1 January 2027, the qualifying period is reducing from two years to six months. But the reality is that the new law will apply to all employees who have already accumulated at least six months of continuous employment by this date. This means that now is the right time for employers to be reviewing their employment contracts and rethinking strategies on probationary periods.
Proposals for reform of cohabitation rights on the death of a cohabitating partner
Georgia Sartin, a Solicitor in our Property and Contentious Probate Team explores the government’s recent open consultation ‘a fairer end to relationships’ published on 5 June 2026, , in respect of the proposals for reform for cohabitants in the intestacy framework and 1975 Act claims.
%2520cropped.webp)
Who is accountable for maternity safety? The case for a maternity commissioner following the birth trauma inquiry.
The safety of maternity services in England has been under intense scrutiny in recent years, now, a national campaign has been launched for the appointment of a dedicated Maternity Commissioner.
What is the difference between a share sale and an asset sale?
When running a business, company founders and shareholders will inevitably, at one stage or another, want to consider potential succession options, the most prominent being an exit by way of trade sale. Hugo Persad, Trainee Solicitor in our Corporate Team provides an overview of what the difference is between a share sale and an asset sale.
.webp)
UK GDPR Update: What the Data (Use and Access) Act 2025 Means for Organisations
While several updates under the Data (Use and Access) Act 2025 came into force on 5 February 2026, the next key development for organisations is still to come. From 19 June 2026, organisations will be legally required to implement a formal complaint handling process for data protection matters. This is a significant shift, placing greater emphasis on resolving issues internally before they escalate to the regulator.
.webp)
Selling a Probate Property: A Guide for Executors
Acting as an Executor can feel daunting, especially if there is a property which needs to be sold as part of the estate administration process. If you have been appointed as an Executor and you are unsure where to begin, here are some key things to consider.
%2520website.webp)
Leathes Prior's Personal Injury & Clinical Negligence Team Secure Settlement for Client
Kate Smith (Senior Associate) and Kimberley Nelson (Paralegal) were instructed in relation to a workplace personal injury claim, and successfully secured a five-figure settled for the client.
.webp)
New Restrictions to Charitable Giving: What You Need to Know
Changes to UK tax law regarding charitable giving took effect from 6 April 2026. Following legislative amendments in the Finance Act 2025-26, the generous tax exemptions associated with charitable gifts - specifically Inheritance Tax (IHT) exemptions - will be restricted to gifts to UK-registered charities. Ejike Ndaiji, Partner in our Wills, Trusts, & Probate and Charities Team explains...
