What Is Required for a Cohabiting Partner Inheritance Claim?
When people think about inheritance disputes, they often assume the key issue is whether someone has received enough from an estate. In reality, one of the first questions the court will consider is whether the individual has the right to bring a claim at all.
This issue was recently examined in Matyas v Liu, a case that highlights the importance of a claimant’s status in claims under the Inheritance (Provision for Family and Dependants) Act 1975.
Under the 1975 Act, certain categories of claimant are entitled to apply to the court if they believe that reasonable financial provision has not been made for them. These include spouses, civil partners, children and, in some circumstances, cohabiting partners.
For unmarried couples, however, there is an important threshold requirement. A claimant must demonstrate that, for the two years immediately before the deceased’s death, they were living in the same household as the deceased in a relationship akin to that of spouses or civil partners.
At first glance, this may appear to be a straightforward test. Many couples live together for years without marrying. However, as Matyas v Liu demonstrates, establishing the true nature of a relationship can be more complex than expected.
In that case, the claimant contended that he had been living with the deceased in a qualifying relationship and was therefore entitled to bring a claim under the 1975 Act. The court scrutinised the evidence carefully, including the parties’ living arrangements and the overall nature of their relationship. Ultimately, the judge concluded that the evidence did not support a finding that they had been living together as a married couple during the relevant period. As a result, the claimant did not fall within the statutory class of applicants, and the claim could not proceed.
Cases of this nature are particularly fact sensitive. The court will look beyond how a relationship is described and instead assess its substance. Simply referring to someone as a “partner” is unlikely to be determinative.
Relevant considerations may include:
- Did the couple share a home on a full-time basis?
- Were their financial arrangements interdependent?
- How were they perceived by friends, family and the wider community?
- Did they make plans for the future together?
No single factor is decisive; the court will consider the totality of the evidence in order to form a holistic view of the relationship.
The case also raises a broader issue for modern families. As more couples choose to cohabit rather than marry, there is a persistent misconception that long-term cohabitation gives rise to the same legal rights as marriage. That is not the case.
It is therefore important to consider your own position. If you were to die unexpectedly, would your partner be adequately provided for? Are your intentions clearly documented? Would those administering your estate understand your wishes?
Matyas v Liu serves as a timely reminder of the importance of careful estate planning. Ensuring that you have a valid and up to date will, and taking appropriate legal advice, can significantly reduce uncertainty and minimise the risk of disputes after death.
