The UK Ministry of Justice launched a major public consultation on 5^th June 2026 titled ‘A Fairer End to Relationships’  It proposes notable reforms to the intestacy rules for unmarried cohabiting couples, potentially granting automatic inheritance rights for the first time. The consultation is open to legal professionals and the public to provide feedback and closes on 14^th August 2026.

The Current Intestacy Rules

The intestacy rules cover when someone dies intestate (without a Will) and the current rules are contained in the Administration of Estates Act 1925 (‘the Act’).  The Act sets out who inherits if a person dies intestate and who has the right to be an administrator of the estate and as such apply for a Grant of Letters of Administration.

At present, the following applies in relation to unmarried cohabiting partners:

• There is no automatic right for a cohabiting partner to inherit anything, regardless of the length of the relationship. They would receive nothing under the current intestacy rules as assets go strictly to spouses, children, parents, or siblings, depending on the family structure and who is alive.
• Cohabiting partners have no priority to apply for a Grant of Letters of Administration.

The Proposed Reforms

Under the proposed reforms put forward in the consultation:

• qualifying cohabiting partners could have automatic rights to inherit in the same way as spouses. Cohabiting partners gain an equal priority to spouses in the hierarchy of who inherits on an intestacy.
• qualifying cohabiting partners have equal priority to spouses to administer the estate and apply for a Grant of Letters of Administration.

Who will qualify under the proposed reforms?

The proposed reforms don’t apply to all cohabiting couples, but the framework would apply automatically to those who meet the following conditions:

• If you have lived together for at least three years, or
• If you live together and share a child.

Couples who do not want the framework to apply could opt out by agreement.

When could the proposals become law?

When the consultation closes on 14^th August 2026, the government will need to consider the responses received before deciding how to proceed. Any new law then needs to pass through Parliament, so for now the current intestacy rules will continue to apply, and it’s difficult to predict any timeline for change.

Why you should consider a Will

Even if these reforms eventually pass into law, the intestacy rules remain very rigid in their application and cannot account for the realities of many modern families. 

Writing a valid Will remains the most definitive way to ensure your wishes are followed and allow your partner to inherit, regardless of any potential future changes the intestacy rules.

How Cheyney Goulding can help

If you need assistance writing a Will, or want to understand how to the current law or proposed reforms may affect you, please contact our Wealth Management Team on 01483 567676 or legal@cheyneygoulding.co.uk