Can a Cohabiting Partner Make a Claim on an Estate

When someone dies, an unmarried partner who lived with them often assumes they will be provided for. Many are surprised to find that is not automatic. This article explains whether a cohabiting partner can make a claim on a deceased partner’s estate, and what the law actually requires.

Do cohabiting partners automatically inherit?

No. This is the point that catches most people out. The idea of “common law marriage” still persists, despite there being no such thing in UK law. An unmarried partner has no automatic right to inherit from their partner’s estate.

If there is a Will leaving them provision, they inherit under it. But if there is no Will, the intestacy rules apply, and cohabitees have no right to inherit under those rules. You can read more about how an estate passes without a Will on our letters of administration page. The clearest way for partners to avoid this situation altogether is to make a Will, but where that has not happened, a surviving partner’s options mean making a claim rather than simply inheriting.

What claim can a cohabiting partner make?

A cohabiting partner may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975. This Act allows a person who is not sufficiently provided for by an estate, whether under a Will or the intestacy rules, to claim for financial provision from that estate. A cohabitee is one of the categories of person who can bring such a claim.

The claim is not a way of overturning a Will out of disappointment. It is a request to the court to decide whether reasonable financial provision was made, and if not, to order some.

What are the conditions for a cohabitee to qualify?

This is where it becomes specific, because not every cohabiting partner qualifies. Section 1(1A) of the 1975 Act permits a claim by a cohabitant if the deceased died on or after 1 January 1996, provided three conditions are met. The cohabitation must have continued for the whole of the two years immediately before the death. The claimant must have lived in the same household as the deceased. And the claimant must have been living with the deceased as their husband, wife or civil partner.

The phrase “same household” matters more than “same address”. A couple can be in the same household even if circumstances meant they were not under the same roof every night, because what counts is the nature of the relationship rather than a physical headcount.

What if the relationship was just under two years?

The two-year requirement is strict, but the courts have shown some willingness to look at the substance of a relationship rather than apply the rule mechanically. In one case, a claimant who had lived with the deceased for one year and 49 weeks, just short of the two years, was still permitted to bring a claim. Courts have also accepted that cohabitation can exist even where the couple were not continuously living together throughout the period.

This is not a loophole, and it should not be relied on. It simply means a relationship that falls slightly short of two years is worth taking advice on rather than assuming the door is closed.

Does a cohabitee have to prove they were financially dependent?

No, and this is a common misunderstanding. A cohabiting partner who meets the two-year condition does not have to show they were financially dependent on the deceased in order to be eligible to bring a claim. Eligibility comes from the cohabiting relationship itself.

Financial circumstances do still matter, but at a later stage, when the court decides what provision, if any, is reasonable.

How much can a cohabiting partner expect to receive?

Less, as a rule, than a spouse would. The court treats these claims differently depending on who is bringing them. For a cohabiting partner, provision is limited to what is reasonable for their maintenance. It is not intended to give them a share of the estate in the way a divorce settlement might, and the court will usually not make provision beyond maintenance.

What maintenance means in practice depends on the individual situation, including the claimant’s needs and resources, the size of the estate, and the needs of anyone else with a claim on it. Where there are competing claims, even a strong claim may be limited once everyone’s needs are weighed.

Is there a time limit?

Yes, and it is short. A claim under the 1975 Act must usually be brought within six months of the date of the Grant of Probate or letters of administration. It is sometimes possible to apply for permission to bring a claim late, but that is at the court’s discretion and cannot be counted on.

Because the window is narrow, a cohabiting partner who thinks they may have a claim should take advice early rather than waiting. Our page on how to contest a Will explains what the process involves.

Where to go next

For a cohabiting partner, the law is less generous than many expect, and whether a claim is possible turns on specific facts: the length and nature of the relationship, the state of the estate, and the timing. It is an area where early, specific advice makes a real difference, particularly given the six-month time limit.

At Burt Brill and Cardens, we advise both those considering a claim and those defending an estate against one. You can read more about contesting or disputing a Will, or learn about the grounds for contesting a Will. If you would like to discuss your situation, please contact us.