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Unmarried partners have no automatic right to inherit under intestacy. Under section 1(1A) of the Inheritance Act 1975, a cohabitant who lived with the deceased as husband, wife, or civil partner for the whole of the 2 years immediately before death can apply for maintenance. The 6-month deadline from grant is strict.
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Unmarried partners occupy a precarious legal position on death. Unlike spouses and civil partners, they inherit nothing under the intestacy rules if the deceased died without a will. Even with a will, they may receive far less than they expected. The Inheritance Act 1975 offers a route to claim — but the qualifying requirements are strict and the standard of provision is lower than for spouses.
This guide explains the cohabitation requirements, the maintenance standard, what courts consider, the 6-month deadline, and the practical steps for an unmarried partner considering a claim.
Section 1(1A) of the Inheritance (Provision for Family and Dependants) Act 1975 (inserted by the Law Reform (Succession) Act 1995) allows an unmarried partner to apply if:
Both requirements must be met simultaneously throughout the 2-year period. A gap in cohabitation — however short and however good the reason — can defeat the claim unless the couple were still living as a couple despite any period of separation.
The phrase “whole of the period of 2 years” has been strictly interpreted by courts. In Gully v Dix [2004], the Court of Appeal held that a couple who had lived together for many years but where the deceased had moved out temporarily shortly before death could still qualify — the court looked at whether the relationship was still subsisting. However, if a couple had definitively separated, even a brief period, the claim will fail.
For the full categories of persons who can apply, see our guide on Inheritance Act 1975 claims.
Courts have interpreted these requirements in a number of cases:
“Household” is not merely about sharing a physical address. It involves sharing domestic life — a common home, shared daily life, and mutual commitment. Two people can form a single household even if they each own separate properties, provided their primary domestic life was shared. Conversely, simply living at the same address does not make two people members of the same household.
Factors courts consider when assessing whether a single household existed include:
This element requires that the relationship resembled a marriage or civil partnership in character — a committed, exclusive, and intimate relationship. Courts have emphasised that the relationship must have the hallmarks of marriage, including emotional and physical intimacy, mutual commitment, and shared domestic life.
A person who lived with the deceased as a carer, friend, or lodger — even for many years — will not qualify under section 1(1A) if the relationship did not have these qualities.
Even if a cohabitant qualifies under section 1(1A), they face a lower standard of provision than a surviving spouse or civil partner:
“Maintenance” has been interpreted broadly by the courts. In Re Dennis [1981], Browne-Wilkinson J held that maintenance is directed at enabling the applicant to discharge the cost of their daily living at an appropriate standard. It is not limited to bare subsistence and can include housing costs. However, it does not extend to wealth-sharing or a claim to a proportionate share of the estate as a matter of course.
In practice, courts have awarded cohabitants lump sums to purchase housing and periodical payments to cover living costs, particularly where the couple had lived together for many years and the surviving partner has limited means.
Under section 3(2A) of the I(PFD)A 1975, in addition to the general factors that apply to all applicants, the court will consider:
The general section 3 factors applicable to all claims include:
A long-term partner who made significant contributions to the household — financially or by caring for children or an ill partner — will be in a stronger position than a partner in a shorter or more arms-length relationship.
Under section 4 of the I(PFD)A 1975, an Inheritance Act claim must be issued within 6 months of the grant of probate or letters of administration. This is a strict statutory deadline.
For an unmarried partner, the practical consequence is that you need to act quickly once the grant is issued. If you do not know when the grant was issued, you can monitor it using a standing search — see our guide on standing searches in probate.
The court has discretion under section 4 to allow a late claim, but this is rarely exercised unless there is a good reason for the delay and the estate has not been distributed. Issuing the claim before the deadline even while negotiations are ongoing is strongly advisable.
If you are concerned a grant is about to be issued and you want to stop the estate being distributed before you can bring your claim, consider entering a caveat — see our guide on how to enter a caveat.
If the deceased died without a will, the intestacy rules apply. Crucially, unmarried partners inherit nothing under the intestacy rules — however long the relationship, however many children were shared, and however close the couple were. The estate passes to children, parents, siblings, or other relatives.
This makes the Inheritance Act 1975 even more important for cohabitants in intestacy cases. An unmarried partner can bring a claim under the Act even where the deceased died intestate and the rules of intestacy made no provision for them. For an explanation of the intestacy rules, see our guide on what happens if there is no will.
The claim can be brought even where letters of administration have been granted to a family member who stands to benefit under intestacy — and who may not be sympathetic to the surviving partner's claim.
For the UK probate process generally, see our guide to applying for probate and our complete UK probate guide. For the documents involved in probate, see our guide on what documents you need for probate.
For the estate administration side, see our estate administration checklist.
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