As a Wills and Probate solicitor, I am often approached by clients who are surprised to learn that living together does not in itself create the same legal rights as marriage or civil partnership. Despite the persistence of the ‘common law marriage’ myth, cohabiting couples currently have very limited protection, not only on separation but also on death.

Many clients are unaware that, unlike married couples or civil partners, unmarried partners do not automatically inherit from one another on death, regardless of how long they have lived together.

This lack of protection can lead to significant uncertainty and, in some cases, great financial hardship. Where a person dies without a valid Will, the intestacy rules apply, and these make no provision for a surviving cohabiting partner. Instead, the estate will pass to close relatives such as children or parents. This can be particularly distressing where a surviving partner has shared a home or financial responsibilities with the deceased but has no automatic legal entitlement to any share in their estate.

The proposed consultation on cohabitation reform is therefore of considerable interest. While much of the focus is likely to be on financial claims arising on separation, there may also be wider implications for estate planning and the rights of surviving partners. Any move towards recognising the contributions and expectations within cohabiting relationships could help address some of the injustices we currently see.

For example, reform could potentially lead to clearer rights for cohabiting partners to make claims against an estate, reducing the reliance on discretionary and often complex claims under the Inheritance (Provision for Family and Dependants) Act 1975. Greater clarity in this area would benefit both families and practitioners.

However, until any changes are introduced, the current law remains firmly in place. It is therefore essential for unmarried couples to take proactive steps. Making a valid Will is one of the most important ways to ensure that your partner is provided for, alongside reviewing property ownership and considering appropriate estate planning arrangements.

In my experience, early advice in this area can prevent significant difficulties later on, offering peace of mind and protection for those you care about most. Please do get in touch if we could help you protect your family.