I'm a cohabitant. Do I inherit automatically?

What the Law Says

Under Irish law, cohabitants — people living together in an intimate relationship without being married or in a civil partnership — are not treated the same as spouses or civil partners when it comes to inheritance. The Succession Act 1965 sets out who can inherit and how, and cohabitants are excluded from automatic entitlement.

The Succession Act 1965 does not give cohabitants any automatic right to inherit from their partner’s estate on death — unlike spouses or civil partners, who are entitled to a legal right share (one-third or one-half of the estate, depending on whether there are children).

However, section 67 of the Act allows a qualified cohabitant to apply to court for financial provision from the deceased partner’s estate — but only if certain conditions are met. This is not automatic: it requires a formal court application after the person has died.

To qualify, the couple must have been cohabiting for at least 2 years immediately before the death (or 5 years if they have a child together), and must have been living together in an intimate relationship. The court then decides whether to make an order — and if so, how much — based on factors like length of relationship, financial dependence, contributions made, and standard of living.

Statutory Text

A qualified cohabitant may apply to the court for provision out of the estate of a deceased cohabitant.

— Succession Act 1965, s. 67 — Application by qualified cohabitant

What to Do

Sources