Last Updated on 17th April 2026
Can I make an inheritance claim against my partner’s estate where there is no Will?
Our contentious probate solicitors look at the rights that cohabitees have under the Inheritance Act and answer a common query: Can I make an inheritance claim against my partner’s estate where there is no Will?
When someone dies without leaving a valid Will, their estate will be distributed by following the intestacy rules. Where the deceased is married, this will involve their spouse receiving part or all of their estate. But what happens if your partner has died without making a Will and you are not married? Do you have any inheritance rights?
The good news is that the law does provide for cohabitees under the Inheritance (Provision for Family and Dependants) Act 1975. This Act allows a claim to be made by a person who, for a period of two years ending immediately before the date of death, was living:
- In the same household as the deceased, and
- As if that person and the deceased were a married couple or civil partners.
The test that the Court will apply is whether you were ‘living as husband and wife’ for that period of two years immediately before death.
If you are in any doubt, then you can contact one of our expert solicitors for a free assessment. We specialise in Inheritance Act cases and are regularly instructed to bring cohabitee claims. There are many case studies on this website of claims we have successfully made, such as the one you can read here.
We have over 1,700 5-star client reviews on the independent ReviewSolicitors platform, with our SRA regulated inheritance team receiving widespread praise for the work they carry out for clients at home and abroad.
If you believe you are eligible to make a claim, then you will need to act fast as all Inheritance Act claims must be brought within just six months of the Grant of Probate.
We offer a free consultation service, so give us a call and one of our specialist solicitors will assess the merits of your case. And because we deal with claims on a No Win, No Fee basis, you should not let worries about legal costs put you off seeking justice.
For further guidance on the question, Can I make an inheritance claim against my partner’s estate where there is no Will? please contact our free helpline. Call 0333 888 0407 or email us at info@inheritancedisputes.co.uk