WAY welcomes consultation on inheritance rights for unmarried partners

June 2026

WAY Widowed and Young has welcomed proposed changes that would give unmarried partners automatic inheritance rights when a partner dies without a will.

The Government has launched a consultation that is looking at reforms for cohabiting couples, including inheritance rules, which currently offer limited legal protection for unmarried couples if there is no will in place, even where they may have shared children, finances and many years of living together.

For many bereaved young people in these circumstances, the loss of a partner can be made even harder by financial uncertainty and complex legal processes during the early stages of grief.

The Government proposes introducing reforms to the intestacy rules so they better reflect the reality of modern relationships, writing: “Patterns of family life have changed significantly in recent decades, with long-term cohabitation now a common form of relationship. Despite this, the legal framework governing intestacy has not kept pace. When a person dies without a will, a cohabitant has no automatic entitlement to inherit, regardless of the length or stability of the relationship. In practice, this can leave bereaved partners without financial security ,…, and create uncertainty for wider families at an already difficult time.”

Welcoming the proposals, WAY’s Chief Executive Stephanie Patrick said: “These long overdue changes represent a hugely important step forward for bereaved partners. Too many people have faced the devastating double blow of losing the person they love, while also being left without basic legal and financial protection because they were not married.

Grief can turn every aspect of life upside down, and no one should have to battle uncertainty about their home, finances or future at the same time. Recognising unmarried partners in inheritance law is a long-overdue acknowledgement of the reality of modern families and relationships.

We fully respect the importance and value many people place on marriage, but, as a charity, we believe that no one should face additional hardship after bereavement because they made a different personal choice about their relationship."

WAY is also calling for further changes to make sure cohabiting couples are treated equally to their married counterparts when they lose their life partner:

WAY calls for Bereavement Support Payment eligibility to be extended to cohabiting couples without children. While changes introduced in recent years as a result of campaigning by WAY and other charities have helped cohabiting couples with dependent children, many bereaved partners are still excluded from vital financial support simply because of their marital status. WAY believes financial support after the death of a partner should reflect the reality of modern relationships and be available based on the nature of the relationship, not marital status alone.
Through our Blank Space campaign, WAY is also urging the government to introduce equal rights for unmarried mothers registering a baby’s birth after the death of a partner. Currently, if an unmarried woman’s partner dies during pregnancy, she is not automatically able to register the father’s name on their baby’s birth certificate, whereas a married mother is able to do so without questions.

WAY members’ responses to the proposed changes

WAY member and Trustee Louise:

“I welcome the proposed changes, which are much needed. The impacts of losing your life partner – the person you love, the person your hopes, dreams and future were entwined with – should never be underestimated. The existence of a legal piece of paperwork doesn’t diminish the devastation felt emotionally, physically or financially. But because of that paperwork, I was made to feel less than, and not always respected, I was ‘just the girlfriend’.

At the time of my bereavement, I had just started a new job, therefore didn’t qualify for sick pay under their policy during the time off in the aftermath, which I desperately needed. Half of my household income was cut immediately when my partner died.

Whilst no amount of money could ever make the impact of this loss easier, to be able to have some level of financial safety would have eased some strain and additional worry for me.

Being unmarried when my partner died already came with challenges. Having no rights or decision-making authority in their funeral or its organisation was hard enough. I just wanted to uphold their wishes and ensure the person I loved and shared three years of my life and a home with got the send off they wanted.

The financial costs were significant and I relied heavily on my family the first 12 months, particularly my parents. This, by extension, put a financial burden on them as well. Nothing prepares you for the way that this implodes every aspect of your life. Facing this in my 20s was unimaginable and something nothing and no one can prepare you for.”

WAY member and Ambassador Selina:

“My experience was that I didn't count at all, despite being together with my partner for ten years, living together for seven years and being six months away from getting married. I wasn’t eligible for anything. It was very difficult, that whole process of trying to get help and support.

I was fortunate in that I had some savings I could fall back on. I had my own home as well. I wasn’t financially dependent. But it’s really tough going from one income to two. There was no protection for someone in my circumstances. If I had a pound for every someone said, ‘you’re a common law wife’… But it’s not a thing…”