UKMy cohabitant died without a will. Do I inherit anything?
As a cohabitant in the UK, you do not automatically inherit under intestacy rules—but you may apply to court for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
What the Law Says
The law does not treat cohabitants like spouses or civil partners when someone dies without a will (intestate). However, the Inheritance (Provision for Family and Dependants) Act 1975 gives certain people—including cohabitants—the right to ask the court for reasonable financial provision from the estate.
Under the rules of intestacy in England and Wales, only spouses, civil partners, children, parents, siblings, and other close blood relatives can inherit. Unmarried cohabitants—even those who lived together for decades—have no automatic entitlement.
But Section 1 of the Inheritance (Provision for Family and Dependants) Act 1975 allows a person who was 'living with the deceased in the same household as husband and wife' for at least two years immediately before death to apply to court for financial provision.
The court considers many factors: your financial needs and resources, the size of the estate, any obligations or responsibilities the deceased had toward you, and the duration and nature of your relationship.
Statutory Text1.—(1) If a person dies domiciled in England and Wales— (a) leaving a will; or (b) dying intestate; and the disposition of his estate effected by his will or the law relating to intestacy, or both, is not such as to make reasonable financial provision for the applicant, then, except where this Act otherwise provides, the court may on an application made in accordance with this Act order that such financial provision as it thinks reasonable in all the circumstances of the case be made for the applicant out of the deceased’s estate.
— Inheritance (Provision for Family and Dependants) Act 1975, s. 1 — Entitlement to apply for financial provision
What to Do
Check whether you meet the s. 1(1A) definition: you must have lived with the deceased as if married or in a civil partnership for at least two years before their death.
Act quickly — you must file your application in the High Court or County Court within six months of the grant of representation (probate or letters of administration).
Gather evidence: joint bills, tenancy agreements, witness statements, photos, and correspondence proving cohabitation and financial interdependence.
Seek legal advice — applications under the 1975 Act are complex and require detailed submissions about needs, contributions, and fairness.
If successful, the court may award a lump sum, property transfer, or ongoing maintenance — but never a share of the estate by right.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.