Despite record numbers of couples cohabiting in this country, the Government have said that they will not be implementing the Law Commission’s recommendations (LC 331 report) for reform of the intestacy rules in respect of cohabitants in this parliament.
The detailed recommendations, if implemented, would give a surviving qualifying cohabitant an automatic entitlement to inherit from their partner’s estate upon death.
At the moment, the only way to inherit anything is to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, the 1975 Act. This is extremely costly with no guarantees of success.
Couples who are not married or in a civil partnership still wrongly believe that they have common law rights but, in fact, common law marriage has not existed in this country since the 18th century.
If you are not married to your partner, it is vital that you both make a will because, as the law stands, your partner is not legally recognised as the person closest to you. Without a will your partner's estate, which includes their personal possessions, could all be taken away from you. You could easily find that all your partner’s affairs, including the funeral arrangements, are taken out of your hands.
The need for reform of the intestacy rules is long overdue as the current rules laid down in the Administration of Estates Act 1925 and the Intestates Estate Act 1952 bear no resemblance to life today.
Ms J Palmer, Westbourne Terrace, Reading.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here