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.
