Unmarried couples could receive the same rights on intestacy as spouses, if they have had a child together or have lived together continuously for more than five years.
Tens of thousands of people die intestate in the UK each year, creating financial and emotional difficulties for the families concerned.
In its consultation paper, Intestacy and Family Provision Claims on Death, published last week, the Law Commission proposed sweeping changes to inheritance and testacy law.
Where cohabiting couples have lived together for more than two but less than five years, the surviving partner would be entitled to half the share of the estate that a surviving spouse would have received. The cohabitant would receive nothing if the deceased was still married or in a civil partnership at the time of death.
However, the proposals fail to convince family law solicitor Christina Blacklaws, senior partner at Blacklaws Davis, who warns the proposals could be “unworkable”. “We have to ensure that any changes to the law are clear and fair,” she says.
“For example, an unmarried partner without children would need to show that they had lived together ‘continuously’ for five years under the proposals to gain the same share of the deceased partner’s estate as a spouse. This is bound to lead to difficulties of proof, and with it possible challenge from other potential beneficiaries.”
The Law Commissioners also propose abolishing the current rule that children who are adopted after the death of a parent lose their right to inherit from that parent on turning 18.
Where there are no children, the commissioners proposed that the surviving spouse inherit the whole estate rather than, as currently happens, share everything over £450,000 with any surviving brothers and sisters.
The consultation period closes on 28 February 2010. A draft Bill is expected in late 2011.
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