Probate professionals have warned that proposed inheritance reforms for cohabiting couples could "fundamentally change the nature of disputes following a death", with future cases increasingly centred on proving relationships rather than simply identifying the rightful heirs.
The comments come as the government's consultation, 'A Fairer End to Relationships', approaches its 14th August deadline. The consultation proposes introducing automatic inheritance rights for qualifying cohabiting partners when someone dies without leaving a valid will.
The proposed reforms to inheritance rights for cohabiting couples could mark one of the biggest changes to probate law in decades, but probate professionals have warned they are unlikely to reduce disputes following a death.
Instead, they believe the nature of inheritance cases could change significantly, with future disagreements increasingly focusing on whether someone legally qualified as a cohabiting partner, rather than whether they should receive financial provision from an estate.
Ryan Gregory, international manager at Finders International, said one of the most common misconceptions encountered by probate researchers is the enduring belief that 'common law marriage' already exists.
He said: Many long-term cohabiting couples assume they have the same inheritance rights as married couples, only for surviving partners to discover after a bereavement that they are not automatically entitled to inherit if their partner dies without a valid will.
"We've seen cases where someone has shared a home, contributed financially for decades and cared for their partner until the end of their life, yet under the current intestacy rules the estate passes to children, siblings or more distant blood relatives instead. That can leave the surviving partner facing uncertainty over their home and financial future at the very moment they are grieving.”
While the proposed reforms may better reflect modern family life, probate professionals believe they are unlikely to simplify estate administration.
Ryan continued: "If introduced, this would represent one of the most significant changes to probate law in a generation. While the reforms could better reflect modern family life and reduce the need for some inheritance claims, they are unlikely to make estate administration any simpler.
"Instead, the legal battleground may shift. Rather than arguing over whether a surviving partner should receive financial provision, disputes could increasingly centre on whether someone qualifies as a cohabiting partner in the first place.”
As probate genealogists working on thousands of estates across the UK and internationally, Finders International believes any move towards automatic inheritance rights for cohabiting couples could introduce new evidential challenges surrounding the nature and duration of relationships.
Ryan added: "That could create difficult evidential questions around the length and nature of a relationship, particularly in cases involving blended families, periods of separation or disputed relationship histories. We could also see greater friction between surviving partners and blood relatives, such as children, where entitlement is contested.
"Whatever reforms emerge, they will not diminish the importance of making a valid Will. If anything, as family relationships become increasingly diverse and the legal framework more complex, a Will remains the clearest and most reliable way for couples - whether married or unmarried - to ensure their wishes are carried out and to minimise the risk of disputes after death.”
