Despite record numbers of couples cohabiting in this country, the Government has said that it will not be implementing the Law Commissions’ recommendations 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 Dependents) Act 1975, the 1975 Act. This is 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.
If you are not married to your partner, it is vital that you both make a will because your partner is not legally recognised as the person closest to you. Without a will your partner’s estate could all be taken away from you. You could find that all your partner’s affairs, including the funeral arrangements, are taken out of your hands.
Ms J Palmer, Westbourne Terrace, Reading.
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