Government Cohabitation Consultation

The Government recently launched a consultation on 5 June 2026 which is set to run for 10 weeks, ending on 14 August 2026, in respect of unmarried couples. Views from the public, legal professionals, academics, charities and other stakeholders have been invited. 

From a contentious probate perspective, the consultation will look at levelling up protection for cohabiting couples by giving automatic rights to inherit if a partner dies without a Will. This is a significant shift from the current law whereby cohabitees have no automatic right to inherit from a partner's estate as the estate would pass under the Intestacy Rules.

Whilst the consultation is looking to provide cohabitees and unmarried couples with new rights and benefits, these rights will be distinct from those of married couples. For example, married couples will still benefit from asset transfers and Capital Gains Tax relief which is not being proposed to be made available to cohabitees so as to preserve the sanctity of marriage. 

If the consultation is successful, it will be interesting to see whether in the long term claims brought by partners under the Inheritance (Provision for Family and Dependants) Act 1975 rapidly reduce. However, this may result in a rise in competing claims from other family members such as children, whose entitlement under the Intestacy Rules may be reduced. 

The consultation is definitely something the legal sector will be keen to keep a close eye on over the next few months. You can have your say in the consultation on the UK Government website.