Cohabitant Inheritance Rights Calculator

In England and Wales, there is NO automatic inheritance right for cohabitees. Regardless of how long you have lived together, you are entitled to nothing under intestacy rules. Only married/civil partners, children, and other blood relatives have automatic inheritance rights.

There is no such thing as 'common law marriage' in England and Wales — this is a legal myth. Cohabitees do not acquire the same rights as married couples regardless of length of cohabitation. The only ways to protect your rights are: making a will, registering civil partnership, or getting married.

A cohabitee who has lived with the deceased for at least 2 years can apply to court under the Inheritance (Provision for Family and Dependants) Act 1975 for 'reasonable financial provision'. This is a court application — contested, uncertain, expensive, and time-consuming. It is not a substitute for a will.

If the home is owned as joint tenants (right of survivorship), the surviving partner inherits the property automatically — outside the estate. If owned as tenants in common, each partner's share passes according to their will or intestacy rules. Check the Land Registry title to confirm ownership type.

The most effective steps are: (1) Make mirror wills — each partner leaves estate to the other; (2) Consider trust provisions in wills to protect each other; (3) Check jointly-owned property is held as joint tenants; (4) Name each other as pension beneficiaries (Expression of Wishes); (5) Review life insurance beneficiary nominations.

Yes. Scotland's Family Law Act 2006 (s.29) gives cohabitants in Scotland limited rights — surviving cohabitees can apply to court within 6 months of death for a financial award from the estate. The award is discretionary and capped. It is still significantly weaker than spousal rights.

Yes. Transfers between unmarried partners are subject to IHT above the nil-rate band (£325,000), unlike married couples who have unlimited spousal exemption. A cohabitee inheriting £500,000 would pay 40% IHT on £175,000 = £70,000 tax, while a spouse would pay nothing.

Yes. A cohabitation agreement (Deed of Cohabitation) sets out each partner's rights to property, assets, and financial support if the relationship ends or one partner dies. While not a substitute for a will or marriage, it provides clarity and reduces disputes. Cost: typically £500-£2,000 for a solicitor-drafted agreement.