Cohabitant's Claim under the Inheritance Act 1975

The Inheritance (Provision for Family and Dependants) Act 1975 ("IFPDA") is the statute that allows certain people who have not been adequately provided for by a deceased's will or by intestacy to apply to the court for reasonable financial provision out of the estate. The class of eligible applicants includes spouses and former spouses, children, and — in defined circumstances — cohabiting partners. [source: gov-uk/ifpda-1975-act-2026-04-30.html]

The cohabitant route was added to the Act by the Law Reform (Succession) Act 1995. To qualify, the applicant must show that they were living with the deceased "in the same household as the husband, wife or civil partner of the deceased" for the whole of the period of two years immediately before the date of death. The two-year continuous-cohabitation test is strict; it is not satisfied by a relationship that the parties intended to be permanent but had not yet reached the two-year mark, or by a relationship in which the parties had separated even briefly within that window. [source: gov-uk/ifpda-1975-act-2026-04-30.html]

Where the applicant qualifies, the court has discretion to award provision out of the estate. The level of provision is what would be reasonable for the maintenance of the applicant — not a fair share of the estate, and not necessarily what the applicant would have received if they had been a spouse. The court considers the applicant's financial resources and needs, the duration of the relationship, the contribution the applicant made to the deceased's welfare, the size and nature of the estate, the obligations the deceased had to other beneficiaries, and any other relevant matter. [source: gov-uk/ifpda-1975-act-2026-04-30.html]

The claim is brought in the High Court (Chancery Division) or in the County Court. The deadline is 6 months from the grant of probate or letters of administration, although the court has discretion to extend in exceptional circumstances. Out-of-time claims are disfavoured and successful only with very strong reasons. Applicants should take legal advice immediately on hearing of a death where they may qualify; the time pressure is real. [source: gov-uk/ifpda-1975-act-2026-04-30.html]

The Act applies in England and Wales in the form described above, and in Northern Ireland under a near-identical statute, the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979. Scotland has a parallel but materially different regime under Section 29 of the Family Law (Scotland) Act 2006, which allows a cohabitant to apply for a discretionary share of an intestate estate (only) within 6 months of death — extended to 12 months by the Trusts and Succession (Scotland) Act 2024 once that provision comes into force. [source: gov-uk/ifpda-1975-act-2026-04-30.html]

A cohabitant claim can be brought against a will (where the will leaves the applicant inadequate provision) or against intestacy (where the applicant is excluded entirely from the statutory order). It does not displace the underlying succession; it grants the applicant a financial provision from what would otherwise have gone to the will or intestacy beneficiaries.

→ Unmarried partners after a death

Last verified: 30 April 2026 against Inheritance (Provision for Family and Dependants) Act 1975.