Cohabiting Partners and Inheritance: What Are Your Rights?

You lived together. You shared a home, a life, and responsibilities. But when your partner died, you discovered you’d been left out of their Will, or worse, there was no Will at all.

If you were unmarried, you might assume you’re automatically entitled to inherit something. Unfortunately, the law doesn’t work that way. In England and Wales, cohabiting partners have no automatic rights to inherit, no matter how long the relationship.

But there is hope. The Inheritance (Provision for Family and Dependants) Act 1975 gives cohabiting partners a legal route to claim reasonable financial provision from their partner’s estate.

Who Qualifies as a ‘Cohabitee’ Under the Inheritance Act?

To bring a claim under the Inheritance Act, you must fall into one of two categories:

1. Long-Term Cohabitee

You must have been:

• Living in the same household as the deceased

• As if you were married or in a civil partnership

• For at least two years before their death

2. Financial Dependant

If you were financially supported by the deceased - even if for less than two years - you may qualify as a dependant and you don’t have to prove you lived together.

No Will? You’re Not Automatically Protected

If there’s no Will, the intestacy rules apply. These rules don’t include cohabiting partners, even if you lived together for decades. Everything might pass to the children, parents, or siblings of the deceased.

That’s why claims under the Inheritance Act are so important. They give the Court the power to make awards to people who would otherwise get nothing.

What Will the Court Look At?

To succeed, you need to show that you:

• Lived together in a committed relationship

• Relied financially on the deceased (if claiming as a dependant)

• Have financial needs that justify provision from the estate

The Court will weigh:

• The size of the estate

• Your income and housing needs

• Other people named in the Will

• The length and nature of your relationship

There’s no automatic amount. Each case turns on its facts.

The Importance of Wills and Planning

If you are in a long-term relationship and not married, don’t wait for a crisis:

• Make Wills to protect each other

• Consider joint ownership of property

• Get legal advice to ensure your intentions are clear

The Inheritance Act is a safety net, but it’s no substitute for careful planning.

Act Fast. There Are Time Limits

If you think you may have a claim, you must act quickly. You usually have six months from the date probate is granted to bring a claim.

How Forbes Can Help

At Forbes Solicitors, we specialise in inheritance disputes, especially for cohabiting partners who have been left behind. We’ll start by listening to your situation and giving you clear, practical advice about your rights. We explain things in plain English, not legal jargon, so you can make confident, informed decisions.

In many cases, we can act on a no win, no fee basis, so there’s no financial risk to getting the support you deserve.

Contact us today for a free, no-obligation consultation and find out how we can help secure a fair outcome for you.