You've lived together for twenty years. You've raised children together. You own a home and share your finances.

If one of you dies tomorrow, would the survivor automatically inherit?

Many cohabiting couples believe the answer is yes. In reality, the law may say otherwise.

That may be starting to change. In 2026, the Ministry of Justice launched its A Fairer End to Relationships consultation, seeking views on reforms that could strengthen legal protections for cohabiting couples, including potential changes to inheritance rights when a partner dies without a will.

For the millions of couples across England and Wales who live together without marrying or entering a civil partnership, this sounds like welcome news.

However, there is a catch.

The proposals are not yet law, and there is no guarantee when, or indeed whether, they will be implemented. More importantly, even if reforms are introduced, they are unlikely to remove the need for proper estate planning.

That is why solicitors continue to deliver a message many cohabiting couples do not expect to hear:

If you want to protect your partner, making a will remains one of the most important things you can do.

 

The Biggest Risk Isn't the Law. It's What People Think the Law Says

Few legal myths are as persistent as the concept of the "common law spouse".

Many people believe that once a couple has lived together for a certain number of years, they acquire rights like those enjoyed by married couples. Others assume that sharing a home, raising children together or building a life as a family automatically creates legal protection.

Unfortunately, none of this is true.

There is no such legal status as a common law spouse in England and Wales. No matter how long a couple has lived together, unmarried partners do not automatically acquire the same inheritance rights as married couples or civil partners.

The result is that many people believe they are protected when, legally speaking, they are not.

Why the Government Is Looking at Reform

The Government's consultation reflects the reality that family life has changed significantly over recent decades.

The Government acknowledged that more than 3.5 million couples now live together without marrying or entering a civil partnership and that many can face financial hardship when relationships end or when a partner dies without making a will.

Among other issues, the consultation sought views on:

• Greater legal protections for qualifying cohabitants when relationships break down;
• Potential reforms to inheritance rights for cohabiting partners;
• Changes to financial provision claims involving surviving cohabitants.

These proposals recognise a growing concern that many families are falling through gaps in the current legal framework.

Yet despite the consultation, the current law remains unchanged.

What Happens Today if There Is No Will?

If an unmarried person dies without leaving a valid will, their estate will generally be distributed according to the rules of intestacy.

For many cohabiting couples, this comes as a shock.

The intestacy rules prioritise spouses, civil partners and blood relatives. Unmarried partners do not automatically inherit.

This means that even if you have:

• Lived together for twenty years;
• Raised children together;
• Shared household expenses;
• Built a home and life together;

your partner may not automatically inherit from your estate if you die without a will.

Instead, assets may pass to children or other relatives depending on the circumstances.

For couples who have spent years creating financial stability together, this can be an unexpected and deeply distressing outcome.

Why Children Don't Necessarily Solve the Problem

Another common misconception is that having children together somehow protects the surviving partner.

Whilst children may inherit under the intestacy rules, that does not automatically guarantee financial security for the surviving parent.

For example, the surviving partner may find themselves responsible for housing, caring for and financially supporting children whilst facing uncertainty around property ownership or estate administration.

The law's primary concern is determining who inherits the estate. That may not always align with what the deceased would have wanted for their family.

A professionally drafted will allows parents to make specific arrangements that reflect their wishes and family circumstances.

Even Future Reforms May Not Give You the Protection You Want

One of the reasons the current consultation has attracted so much attention is the perception that reforms will eventually "fix" the problem.

However, even if changes are introduced, cohabiting couples should be cautious about viewing reform as a complete solution.

The Government has already indicated that any new framework would be narrower than the financial protections available on divorce. The intention is not to place cohabitation on the same legal footing as marriage or civil partnership.

In practice, any future system is likely to involve qualifying criteria, limitations and legal tests.

A will, by contrast, allows individuals to clearly set out their wishes without depending on future legislation, court applications or legal disputes.

Can a Cohabiting Partner Bring a Claim?

Whilst unmarried partners do not have automatic inheritance rights, there are circumstances in which a claim may be possible.

An unmarried partner may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if adequate provision has not been made for them.

However, that is very different from having an automatic entitlement.

Claims can be emotionally draining, time consuming and expensive. They often arise at a time when family members are already grieving and relationships may be strained.

Most people would prefer their loved ones to avoid litigation entirely.

Why a Will Remains the Best Protection

The current debate around cohabitation reform is important and long overdue.

However, one key point often gets lost in discussions about changing laws:

A will is not simply a substitute for legal rights. It is a way of ensuring your own wishes are respected.

A carefully drafted will can:

• Protect your partner financially;
• Safeguard the family home;
• Provide for children;
• Appoint guardians;
• Reduce the risk of disputes;
• Give clarity and certainty at a difficult time.

Regardless of what reforms may or may not happen in the future, those benefits remain unchanged.

" Most people are surprised to learn that the greatest risk isn't necessarily the law itself - it's the widespread misunderstanding of what the law actually provides. We regularly speak to people who have spent decades building a life with their partner and assumed they were protected. The reality can be very different.

Whilst proposals for reform are welcome, couples should be cautious about relying on laws that may not arrive for some time. Making a will remains one of the most effective ways to protect the people who matter most."

James Clarkson, Solicitor, Private Client Team, Eaton Smith

Don't Wait for the Law to Catch Up

For many cohabiting couples, the greatest danger is not failing to make a will. It is assuming one isn't needed.

Whatever the future holds for cohabitation reform, acting now remains the simplest way to protect the people you care about most.

How Eaton Smith Can Help

Every family is different, and there is no one-size-fits-all approach to estate planning. Whether you are buying a home together, raising children, entering a new relationship or reviewing existing arrangements, obtaining the right legal advice can provide valuable peace of mind.

Eaton Smith's Private Client team advises individuals, couples and families on a wide range of matters relating to wills, trusts, estate planning, probate and inheritance. We take the time to understand your personal circumstances and objectives, helping you put arrangements in place that protect the people who matter most and ensure your wishes are clearly documented.

Speak to Our Private Client Team

If you are living with your partner and do not currently have a will, now is the time to consider whether your wishes would be carried out if the unexpected happened.

Whilst discussions around cohabitation reform continue, the current legal position remains unchanged. A professionally drafted will can help ensure your partner, children and other loved ones are protected in the way you intend.