Intestacy laws - why are reforms needed?

When a person dies without a will, it is intestacy laws that determine the distribution of their estate. However, these laws are increasingly outdated, failing to reflect modern relationships and family structures.

What is the latest position on the reform of intestacy laws and what are the implications of not making any changes?

The problem with the current intestacy laws

In England and Wales, intestacy rules set out in the Administration of Estates Act 1925, primarily benefit spouses, civil partners, and blood relatives. Cohabitants, regardless of relationship length, have no automatic entitlement, often leading to financial and emotional distress. Likewise, stepchildren have no inheritance rights unless formally adopted. Often, long term partners are left out of an estate and have no option but to pursue a costly claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Changing family structures

Cohabiting couples are the fastest-growing family type in the UK, yet intestacy laws still assume a traditional nuclear family model where a couple is married and has children together. Without reform, more people risk unintentional disinheritance, increasing contentious probate disputes. This, along with the rising value of estates, is one of the main reasons why these disputes are rising year-on-year.

Potential reforms of intestacy laws

Legal commentators propose several changes, including:

• Automatic entitlement for cohabitants: Introducing a qualifying period (e.g., two to five years) for inheritance rights.
• Recognition of blended families: Extending intestacy rights to financially dependent stepchildren.
• Greater judicial discretion: Allowing courts to adjust unfair intestacy distributions.

Government consultation on intestacy reforms

Recognising the growing number of cohabiting couples – now over 3.6 million in the UK – the government has announced plans to consult on reforming cohabitation laws.

In March 2025, Lord Ponsonby of Shulbrede confirmed that a formal consultation would take place this year to build public consensus on strengthening the rights of cohabiting partners. This marks a shift from the previous government’s stance in 2022, when it rejected calls for reform. The consultation signals a potential move towards modernising the legal framework to better reflect contemporary family dynamics.

The case for action

Without reform, claims under the Inheritance (Provision for Family and Dependants) Act 1975 will continue to rise, leading to costly, time-consuming litigation. Updating intestacy laws would provide clarity, reduce disputes, and better reflect modern family structures. It will not be without its complications, since cohabitation may be difficult to define and can be a grey area. For example, would this relate to couples only, what happens if there are breaks in the cohabitation period, what about if one of the partners remains married but has formed a new relationship (would their spouse be disinherited and forced to claim?). There is a lot to consider.

In conclusion

Our inheritance dispute solicitors often see the distress caused by outdated intestacy rules. A modern legal framework – one that recognises today’s diverse relationships – is essential. Until reforms are enacted, proactive estate planning through valid wills remains the best way to protect loved ones. For those concerned about intestacy laws, seeking professional legal advice is crucial to avoid unintended consequences.

For help and advice, please get in touch with our team.

Our expert team includes members of STEP (the Society of Trust and Estate Practitioners) and ACTAPS (the Association of Contentious Trust and Probate Specialists); experts who are, by definition, the most experienced and senior practitioners in the field of trusts and estates and related disputes. Independent legal guide The Legal 500 describes our team is “excellent in all aspects: almost immediate response times, with in-depth knowledge and experience.” Legal awards and credentials aside, we’re a friendly team and will always explain things to you in a clear and practical way, and keep you updated on what’s happening with your case in a timely way. Every case is different: while some require a robust approach, disputes of this sort are often extremely sensitive, many involving family relationships. Our lawyers approach matters in an understanding, practical and sympathetic way.

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