header-logo header-logo

10 July 2026
Issue: 8169 / Categories: Legal News , Family
printer mail-detail

NLJ this week: Why cohabitees may be better protected after death

254469
© Getty images
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life

Writing in NLJ this week, Megan Freeman, paralegal in the contentious private client team, and Catherine Doherty Montanaro, senior associate in the family team at Penningtons Manches Cooper, argue this inconsistency exposes the need for long-overdue reform.

While separating couples are largely confined to property and trust claims, surviving partners may seek 'reasonable financial provision' from an estate under the Inheritance (Provision for Family and Dependants) Act 1975. The authors contend that death has become 'a gateway for fairness', allowing courts to consider dependency and financial need in ways unavailable after separation.

They welcome the government's 'A Fairer End to Relationships' consultation but caution that optimism should be 'tempered by experience' given previous reform efforts that ultimately failed.

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll