The Ministry of Justice launched a landmark consultation in June 2026 titled A fairer end to relationships, which discussed inheritance rights for cohabiting couples. It ran until 14 August 2026 and asked whether England and Wales should fundamentally change how the law treats couples who live together but never marry. The consultation puts two significant questions on the table: should cohabiting partners inherit automatically when their partner dies without a will, and should the qualifying period be scrapped entirely for couples who had children together?
The answers could reshape probate and succession law for millions of people.
What the consultation is asking
Under current law in England and Wales, a cohabiting partner has no automatic right to inherit when their partner dies without a will. The rules of intestacy (the legal framework that decides who inherits when there is no will) make no provision for them. A spouse or civil partner inherits. A cohabiting partner does not, regardless of how long the couple lived together.
A fairer end to relationships challenges that position directly. The consultation asked whether cohabiting partners who meet a defined set of criteria should gain automatic inheritance rights. It also asked whether the qualifying period, which currently requires couples to live together for two years before a cohabitee can bring certain legal claims, should be removed altogether where the couple had children together.
These are not minor adjustments. They represent a structural rethink of who the law recognises as family.
Why this matters for estates and probate
When someone dies without a will, the estate passes under intestacy rules. Those rules follow a strict legal hierarchy. Cohabiting partners sit outside that hierarchy entirely.
As a result, a surviving partner can be left with nothing, even after decades together. In some cases, the family home passes to the deceased’s children or parents. The surviving partner may face losing their home.
Inheritance act claims by cohabitees offer one route to redress. Under the Inheritance (Provision for Family and Dependants) Act 1975, a cohabiting partner can apply to court for reasonable financial provision from the estate. However, this route is expensive, slow and uncertain. It requires the surviving partner to prove dependency or establish a claim, often at a deeply difficult time.
The consultation asks whether this is good enough. For many, the answer is clearly no.
The qualifying period question
One of the most significant proposals in A fairer end to relationships concerns the qualifying period. Currently, a cohabiting partner must have lived with the deceased for at least two years to bring a claim under the 1975 Act. The consultation asks whether that requirement should be removed entirely where the couple had children together.
The reasoning is straightforward. A couple with children has made a clear and demonstrable commitment. The two-year rule, in that context, can produce results that are difficult to justify. A surviving parent, left with young children and no inheritance rights, may have no meaningful legal recourse.
Removing the qualifying period for this group would not give them the same rights as a married couple. However, it would remove a barrier that currently stops some of the most vulnerable survivors from accessing any protection at all.
What “meeting a definition” might mean
The consultation also explored what it means to be a cohabiting partner for legal purposes. Any automatic inheritance right requires a clear definition of who qualifies. The Ministry of Justice asked respondents to consider what that definition should include.
For separating couples, the consultation proposes that the new protections would cover partners in long-term, committed and interdependent relationships who have lived together for at least three years, or who live together and share a child. For inheritance where there is no will, it proposes that qualifying cohabitants would need to meet a clear definition and a minimum period of living together, but it leaves the length of that period open. Under the 1975 Act, by contrast, a court already weighs the length and nature of the relationship case by case. A fixed definition would bring more certainty, but it would also draw a hard line.
This is a complex area. Different households organise their lives differently. A definition that works for one couple may exclude another equally committed relationship.
The broader picture: a law that has not kept pace
England and Wales give surviving cohabitants less protection than some nearby jurisdictions. In Scotland, a cohabitant does not inherit automatically either, but can apply to the court for a share of the estate when their partner dies without a will, without first having to show they lived together for a fixed period.
The Law Commission recommended a scheme for separating cohabitants in 2007. In its 2011 report on intestacy and family provision claims, it went further and recommended that cohabitants who had lived together for five years, or for two years with a child, should inherit under the intestacy rules. Neither recommendation became law. The A fairer end to relationships consultation represents the most significant government attention the issue has received in years.
Meanwhile, cohabitation is common. The Office for National Statistics estimates there were 3.5 million cohabiting-couple families in the UK in 2025, 17.6% of all families. The law, however, has not moved to reflect that social reality.
What could change and when
The consultation closed on 14 August 2026. The Ministry of Justice will now review responses before deciding whether to bring forward legislative proposals.
Nothing changes immediately. Cohabiting partners still have no automatic inheritance rights under current law. The intestacy rules remain as they are. However, this consultation creates genuine political momentum for reform, and the legal profession is watching closely.
Drafting legislation that balances automatic rights with the complexity of defining cohabitation will take time. It will require primary legislation, which means parliamentary time and cross-party support. Even an optimistic timeline places any changes several years away.
What cohabiting couples should do now
The law as it stands offers cohabiting couples one reliable form of protection: a will. A clear, properly drafted will removes reliance on intestacy rules entirely. It allows a person to leave their estate, or any part of it, to whoever they choose, including a partner the law would otherwise ignore.
For couples with children, a will also allows careful thought about how the estate is divided, and in what order. That matters particularly where there are children from previous relationships.
In addition, cohabiting partners should consider whether to hold property as joint tenants (where the surviving partner inherits the deceased’s share automatically) rather than tenants in common (where the deceased’s share passes according to their will or the intestacy rules). These are decisions that benefit from proper legal advice.
The consultation may eventually deliver reform. However, waiting for legislation to change is not a strategy. Writing a will costs relatively little and removes a great deal of uncertainty.
Speak to a solicitor about your own position
If you are a cohabiting partner and want to understand how the current law affects your estate, or if you want to put a will in place, The Probate Network can help you find a qualified solicitor. You can book a free legal consultation through The Probate Network today.
This article is for general guidance only and does not constitute legal, tax or financial advice. Rules and thresholds can change and every estate is different. For advice on your own circumstances, speak to a qualified solicitor. You can book a free legal consultation through The Probate Network.