Posted: Monday, 15 June 2026 @ 16:12
The Government has launched a consultation on proposed reforms to cohabitation rights, with potential implications for separating couples and for partners where one person dies without a valid Will.
This article is based on information published by Today's Wills & Probate regarding the Government's consultation on cohabitation reform. It provides commentary on the potential implications for will writers and estate planners.
The Myth of the “Common Law Spouse”
Many clients still believe that living together gives them similar legal rights to married couples or civil partners.
In practice, the position is often very different. Unmarried partners may have limited automatic rights if the relationship ends or if one partner dies without a Will.
What Could Change?
The consultation considers several areas of possible reform, including:
- Financial remedies for cohabitants on separation
- Greater protection for financially vulnerable partners
- Potential changes to intestacy rules
- Whether qualifying cohabitants should inherit in a similar way to spouses or civil partners
What This Means for Will Writers
For practitioners, the consultation is a timely reminder that relationship status is a vital part of the will-taking process.
Clients may not understand the current law, and some may wrongly assume that future reform will remove the need for proper estate planning.
This is particularly important where clients are in blended families, second relationships, jointly owned homes, or long-term cohabiting arrangements.
Why Wills Still Matter
Even if the law changes, intestacy remains a blunt instrument. It cannot reflect personal wishes, family sensitivities, tax planning objectives, or specific arrangements for children and stepchildren.
A properly drafted Will allows clients to make clear decisions about who should inherit, how assets should be distributed, and how loved ones should be protected.
Questions Practitioners May Wish to Ask
- Are you married, in a civil partnership, or cohabiting?
- How long have you lived together?
- Do you own property jointly or separately?
- Are there children from previous relationships?
- Would your partner be adequately protected if you died tomorrow?
- Do your current Will and estate planning documents reflect your relationship status?
A Timely Reminder
The consultation reflects the reality of modern family life, but whatever the outcome, the core message remains the same: clients should not rely on assumptions.
Clear advice, careful fact-finding and a valid, up-to-date Will remain essential.
Source: Today's Wills & Probate, June 2026.
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