What Is Happening?
On 5 June 2026, the Ministry of Justice published a consultation proposing that qualifying cohabitants should receive automatic inheritance rights under the intestacy rules in England and Wales. Currently, unmarried partners have no right to inherit anything if their partner dies without a will — regardless of how long they have lived together.
The Current Problem
Under today’s law, if your unmarried partner dies without a will, you have no automatic entitlement to their estate. The home you shared, their savings, their possessions — all of it passes according to a statutory hierarchy that does not include cohabitants. Your only option is a costly and uncertain court claim.
Many couples wrongly believe in “common law marriage” — the idea that living together gives you legal rights. It does not. There is no such thing in English law.
What the Consultation Proposes
The key proposal: qualifying cohabitants would be included in the intestacy rules alongside spouses. To qualify, you would likely need to have lived together for a minimum period (probably two to five years), or have children together. An opt-out mechanism would be available for couples who do not want these rules to apply.
What You Should Do Right Now
The consultation is open until September 2026. Legislation is unlikely before 2028. In the meantime:
- Make a will — the single most important step for any cohabiting couple
- Check how your property is owned — joint tenants vs tenants in common makes a big difference
- Update pension and life insurance nominations
- Put LPAs in place — your partner has no automatic right to act for you if you lose capacity
These reforms would be a welcome safety net, but they are not yet law. A will and proper estate plan give you certainty and control that no future legislation can match.