Can cohabiting couples inherit under intestacy rules?

Legislation known as the intestacy rules decides how a person’s estate is distributed when passing away without a valid will. Under the current legislation, those cohabiting will not automatically inherit their partner’s assets.

Aimee Edwards, Solicitor in Coodes’ Wills and Probate team, explains intestacy rules and inheritance for cohabiting couples.

Intestacy rules

The intestacy rules cover assets such as cash, personal effects or property held in England and Wales. They do not apply to assets which pass outside of a will, such as money held in a joint account. The ownership of land is more complex and you should seek legal advice if you own land jointly with someone else to check what happens to your share if you pass away.

If a person’s estate is going to be divided in accordance with the intestacy rules, who will benefit depends on the value of the deceased’s assets and the relationships they had at death.

Intestacy rules provide a set list of beneficiaries such as a surviving spouse, children or parents. Additionally, the legislation sets out an order of priority determining who is entitled to inherit. For example, if the deceased had no surviving spouse or children, their assets would be divided equally between their surviving parents.

The situation can be more complicated if the deceased leaves both a surviving spouse and children. In this circumstance, it is not guaranteed the surviving spouse will receive everything. Depending on the value of the deceased’s assets, both the spouse and children can inherit. This can make matters complicated, particularly if the children are under 18.

Will I inherit if we are not married or in a civil partnership?

It is more common than ever for couples not to marry or enter into a civil partnership. As a result, in 2011, the Law Commission recommended reforms to address this issue. As of 2025, these proposals have not yet been implemented. However, the Government did announce that they would be consulting on cohabitation rights reforms later this year.

Cohabiting couples are those who live together but are not married or in a civil partnership. Under the current intestacy rules, cohabitees are not included in the list of beneficiaries. It does not matter how long you have been cohabiting or the nature of your relationship. You have no entitlement to your deceased partner’s estate under intestacy rules.

For example, if you have been cohabiting for 25 years and have three children together, your partner would not inherit unless a specific provision had been made for them in a valid will.

The importance of a valid will for cohabitees

If someone cohabiting dies without leaving a valid will, their partner could make a claim against their estate for reasonable financial provision under the Inheritance (Provisions for Family and Dependants) Act 1975.  However, making a claim against the estate can be timely, increase the costs of estate administration and cause additional upset and stress at a time when someone is grieving the loss of their partner.

A will is a powerful legal document that allows you to decide how your assets will be divided upon your passing. While intestacy rules see that specific relatives inherit without a will, this might not be suitable for your personal circumstances. If you do not wish for your estate to be divided in accordance with the rules, prepare a valid will.

Although those who have no entitlement under the intestacy rules could seek to make a claim, it will provide your loved ones with more security if you make provision for them under the terms of a valid will before you pass away.

Preparing a will

Whilst nobody likes to think about preparing a will and what it signifies, it can bring peace of mind. Your assets will be divided according to your wishes and your loved ones looked after.

Coodes’ Wills and Probate team provide a sensitive, professional and comprehensive service covering all aspects of wills, inheritance and disputes. We are proud to serve our local communities and can be found in Falmouth, Holsworthy, Launceston, Liskeard, Newquay, Penzance, St Austell and Truro.

The team are also more than happy to discuss alternative meeting arrangements with you, such as video calls, phone calls and email. We may also be able to arrange home visits in certain circumstances.

For more information on intestacy rules or will drafting, contact Aimee Edwards by calling 01726 874770 or email aimee.edwards@coodes.co.uk.