The Governments newly launched consultation on reforming rights for cohabitants marks a potentially significant step in the evolution of succession law in England and Wales. The long-awaited consultation will run until 14 August 2026 and explicitly recognises the current misalignment between the law and modern family life, particularly in the context of intestacy.
For private client practitioners, the key question is whether we are finally moving towards a framework that reflects how people actually live, rather than how the law assumes they do.
The Legal Framework v The Social Reality
Under the current intestacy rules, a cohabiting partner, regardless of the length or nature of the relationship, has no automatic entitlement to inherit.
This frequently produces outcomes that are both counterintuitive and, in many cases, fundamentally unjust. Estates may pass to distant relatives, or even the Crown, while a surviving partner is left without provision.
The position is further compounded by the persistent myth of ‘common law marriage’, which continues to mislead large sections of the public into believing that cohabitants enjoy equivalent rights to spouses.
The consultation candidly acknowledges that the law has failed to keep pace with modern family structures, leaving many individuals financially exposed on death as well as on separation.
The Consultation
Although the consultation addresses wider issues arising on relationship breakdown, its focus on intestacy reform will be of particular interest to contentious probate practitioners.
The Government is exploring whether qualifying cohabitants should benefit from automatic rights on intestacy, for example where:
- the couple have lived together for a minimum period; or,
- they share a child.
These proposals reflect a broader policy objective to:
- protect vulnerable individuals;
- prioritise fair outcomes for families, particularly children; and,
- create a clearer and more accessible legal framework.
Importantly, the consultation also seeks to align intestacy reform with wider changes to financial provision on death, suggesting a move towards a more coherent, relationship-based model of family justice.
A Longstanding Debate
Extending intestacy rights to cohabitants is far from a new idea. The Law Commission recommended such reform as early as 2011, proposing that qualifying cohabitants should be brought within the statutory framework.
Those proposals were never implemented. Instead, the law has continued to rely on the Inheritance (Provision for Family and Dependants) Act 1975 as a safety net, requiring surviving partners to pursue claims to secure financial provision.
In practice, this creates:
- uncertainty of outcome;
- delay and expense; and,
- significant emotional strain at an already challenging time.
Against that background, the current consultation represents a renewed attempt to address long-acknowledged deficiencies.
The Wider Reform Context
The timing of this consultation is no coincidence. It follows closely on the Law Commission’s 2025 report, Modernising Wills Law, which highlights that the current framework is rooted in Victorian legislation and no longer reflects contemporary societal norms.
While the report does not itself propose reform of intestacy, it reinforces several key principles that are directly relevant. Testamentary freedom remains central, but the reality is that many individuals still die intestate. In those cases, the fairness of the statutory regime becomes critical.
The Law Commission’s emphasis on clarity and certainty also underlines a fundamental weakness in the current system: the complexity and unpredictability of relying on claims under the 1975 Act to achieve a just outcome.
Balancing Competing Interests
A central challenge for policymakers will be balancing competing claims. Extending intestacy rights to cohabitants inevitably raises questions about:
- the rights of children from previous relationships;
- the protection of testamentary freedom; and,
- whether cohabitants should be treated in the same way as spouses.
Previous hesitation in this area has reflected concern about blurring the distinction between marriage and cohabitation. However, the current consultation appears to accept that the complete exclusion of cohabitating partners is increasingly difficult to justify.
Practical Implications
If implemented, reform could have significant consequences for:
- estate planning advice;
- the risk profile of intestacy disputes; and,
- the volume and nature of claims under the 1975 Act.
For practitioners, there is also a clear opportunity, and responsibility, to continue educating clients about the risks of dying intestate.
Evolution, Not Revolution
The Government’s consultation represents a potentially important shift. It builds on over a decade of Law Commission analysis and sits alongside a broader programme of modernisation within succession law.
Whether it ultimately results in legislative reform remains to be seen. However, the direction of travel is clear, the law of intestacy is being forced to confront the realities of contemporary family life.
Contact Amanda Collins or our Dispute Resolution team to find out how our experts can assist you with your private wealth dispute.