Cohabitation: number of unmarried couples making inheritance claims on the rise

“Common law marriage” – a phrase bound to ring alarm bells in the mind of lawyers across the land. Yet, despite the best efforts of many, the myth persists – and the number of unmarried cohabiting couples making inheritance claims following the passing of their partner is on the rise.

Said rise is not, however, insignificant. In fact, since 2007, the number of claims being made by those who wish to benefit from the estate of their deceased partner with whom they cohabited climbed 284% in the period 2007 – 2021 from 43 to 165, having reached a peak of 192 in 2020.

The increase is likely driven by two key factors. First, the number of couples cohabiting in England and Wales has risen by 25% from 4.8 million to over 6 million between 2011 and 2021, Office for National Statistics (ONS) figures show.

In tandem with this, marriage rates have fallen to their lowest rate since 1862, with 18. 6 and 17.2 marriages per 1,000 unmarried men and women respectively in 2019, according to the ONS.

The second obvious reason is the rise in the value of estates. As residential property continues to relentlessly climb in value, so do the deceased’s estates – thereby incentivising loved ones to make a claim.

What’s more, claims being made to benefit from the estate of the deceased are simply the “tip of the iceberg”, according to Heather Roberts, partner at Bexley Beaumont. “Many other enquiries about whether it’s possible to secure financial provision don’t actually proceed to a full claim,” she said.

With the issues surrounding and arising from cohabitation becoming more common and relevant by the year, the Women & Equalities Committee’s cohabitation report is seeking to end “inferior” protections for unmarried cohabiting couples. It remains to be seen whether policymakers will take any action insofar as establishing a new framework such couples.

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