News & Publications - Private Client

Most people who live together but are not married are not aware that they do not have an automatic entitlement to share in their partner’s estate if they have died without leaving a Will.

 

Whilst many people talk about a ‘common law wife or husband’, much like the unicorn, this concept is in fact a myth.

 

The Law Commission has announced proposed reforms to the intestacy laws so that cohabiting couples would have some rights to inherit part of their partner’s estate in the event that they die without a Will. There is a period of consultation about the proposals, which will end in February next year. This is a highly contentious area – many people take the view that couples who are not married should not be afforded the same protection under the law as couples that are married. Others argue that, particularly where there are children involved, the rights of cohabiting couples should be equal. Others still will say that this is just another attempt by the state to intervene in the personal relationships of those who have chosen not to marry.

 

At the moment, whilst it is still possible for an unmarried partner to claim part of the deceased partner’s estate, this can involve lengthy and costly court proceedings.

 

Whilst the proposals may be welcomed by many, it will be a long time before anything is put into effect. The most effective way of dealing with the situation now is to ensure, whether you are a cohabiting couple or a married couple, that your Will is up to date and that it accurately reflects your wishes.

 

If you wish to discuss any of the proposals made by the Law Commission, or any issue in relation to your Will, please contact our Private Client Team on 0207 544 2424.