New Law Proposes – Unmarried Couples to receive rights over each other’s estates
This consultation will propose to introduce cohabiting partners in the same category as spouses and civil partners under the Intestacy Rules. A new multi-tier system has been introduced and the threshold for automatic intestacy rights for couples who cohabit will be a 5 year qualifying period unless the couple have a child. In this case, there would be no qualifying period required and the surviving partner would have Intestacy rights.
“This change would provide security and relief to bereaved partners who have suffered loss and have had difficulty fighting for a claim under the Inheritance Act often against their partner’s bereaved family members which sometimes can include the property which the surviving partner resides in.
However, it will be interesting to see if the new laws invite further claims particularly, if couples have separated but have children or still cohabit or if there are children involved from a previous relationship and their parent has been cohabiting with a new partner.
To ensure you can be satisfied with who your estate will pass to when you die and to protect your loved ones it is advisable that you prepare a Will and seek professional advice.”
If you would like more information, please call us on 01708 784069 or email Emma directly emmaboyssmith@mplaw.co.uk
Latest insights and news
