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Inheritance rights for cohabitees on intestacy?
29 October 2009 ::

Cohabitees could get more rights on the death of their partner. In a public consultation launched on 29 October, the Law Commission, reviewing the law of intestacy and family provision claims on death, seeks to bring inheritance law up to date to meet the needs and expectations of modern families.

The intestacy rules govern the inheritance of assets where a person dies without leaving a will disposing of the whole of his or her property.

The Consultation Paper, “Intestacy and Family Provision Claims on Death”, reviews the current law, discusses options for reform and puts forward questions for consultees, including provisional proposals for reform. Areas highlighted for potential reform include the entitlement of a surviving spouse, where the deceased also left children (perhaps from another relationship), or other relatives, as well as whether certain cohabitants should have a place in the intestacy rules, and how much of the estate they should receive.

The Law Commission wants to extend the protection of the intestacy rules to unmarried partners who have lived together for some time or have a child. Under current law, they may have to go to court to claim reasonable provision from a partner’s estate, which may involve great financial and emotional cost. These reforms would bring English law into line with public attitudes, and with the law in other Commonwealth countries.

The full consultation paper is available at www.lawcom.gov.uk/intestacy.htm. The consultation closes on 28 February 2010.

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