LEGAL GUIDE · ENGLAND & WALES
Few areas of English law cause as much shock and distress as the inheritance rights of cohabiting partners. People who have shared their lives — and often their homes — with someone for decades routinely discover, on that person’s death, that they have no automatic legal right to anything from the estate. If you were not married or in a civil partnership, you are a stranger to the estate as far as the default rules are concerned.
This guide explains the Inheritance Act rights of cohabiting partners in England and Wales, what you need to prove, what you can expect, and why acting quickly is critical.
There is no such thing as a ‘common law marriage’ in England and Wales. It does not exist in law. When someone dies without a will, the intestacy rules under the Administration of Estates Act 1925 determine who inherits. The rules pass the estate first to the spouse or civil partner, then to children, then to parents, then to siblings. An unmarried partner is not on that list at all. They inherit nothing.
Since the Law Reform (Succession) Act 1995 amended the Inheritance Act 1975, an unmarried partner can apply to the court for reasonable financial provision — but only if strict conditions under section 1(1A) are met: (1) they were living in the same household as the deceased; (2) as the husband or wife (or civil partner equivalent) of the deceased; (3) throughout the period of two years ending with the date of death. All three elements must be satisfied.
In Gully v Dix [2004], the Court of Appeal confirmed that ‘living in the same household’ does not require uninterrupted physical cohabitation on every day. A temporary separation — for medical treatment or a family emergency — does not necessarily break the two-year period if the parties intended to resume cohabitation and the separation was involuntary. A deliberate separation where the relationship had broken down would defeat the claim.
Unlike a surviving spouse or civil partner, a cohabiting partner is limited to ‘reasonable financial provision for their maintenance.’ Courts have made very significant awards to cohabiting partners — property transfers, substantial lump sums, rights of occupation — but the focus is on financial need rather than a share proportionate to the length of the relationship.
You would not qualify as a cohabitant under section 1(1A). However, if the deceased was financially maintaining you immediately before their death, you may qualify as a dependant under section 1(1)(e). The test does not impose a minimum duration of cohabitation. NJS Law will assess all available routes.
A woman had lived with her partner for nine years. They were not married. Her partner died suddenly without a will — everything passed to his adult children, including the house she had shared with him. She was 61, had reduced her working hours to care for him in his final year, and had limited savings. An Inheritance Act claim was a viable and ultimately successful route to securing her right to remain in the property and receive a financial settlement.
⚠️ You must issue an Inheritance Act claim within six months of the grant of probate. Miss this deadline and courts rarely give second chances.
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No. There is no legal concept of common law marriage. Cohabiting partners do not acquire automatic inheritance rights regardless of how long they lived together.
You would not qualify under section 1(1A) but may qualify as a dependant under section 1(1)(e) if the deceased was financially maintaining you immediately before their death. NJS Law will assess all available routes.
A temporary separation does not automatically defeat a cohabitant claim, provided it was involuntary or short-term and the intention was to resume cohabitation. Each case turns on its facts.
Yes. The Inheritance Act applies whether or not there is a will. If the will fails to make reasonable financial provision and you satisfy the cohabitation conditions, you can apply regardless of the will’s terms
Yes. Under intestacy rules, an unmarried partner inherits nothing. An Inheritance Act claim is often the only legal route to financial provision where there is no will.
This article is for general information only and does not constitute legal advice. For advice on your specific circumstances, please contact NJS Law directly.
For a full overview of personal injury claims, including eligibility, time limits and the claims process, see NJS Law’s will disputes service page.
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