Business & Tax
Call for ‘shake-up’ of inheritance laws
Added by Iain Anderson   
Thursday, 05 November 2009 08:21

Unmarried couples would automatically inherit a slice of their partner’s estate if they die without making a Will, under proposals unveiled by the Law Commission.

The body wants unmarried cohabiting couples to be given equal rights as part of a proposed shake-up of the current inheritance laws.

In a new report, the Commission claims that its recommendations would bring the law up-to-date with public expectations. However, it conceded that many people may find them ‘controversial’.

Under the plans, unmarried couples who have lived together for at least five years or who have children together would be granted the same rights as those of a spouse.

Meanwhile, couples that have cohabited for between two and five years should receive half of a spouse’s entitlement, the report states. The remainder would be passed to whoever is next in line.

Professor Elizabeth Cooke, who led the project, said: ‘These reforms would bring the law into line with public expectation and attitudes, as well as with the law in other Commonwealth countries. People still believe the myth that they have rights as ‘common law wives’ if they live together.’

She added: ‘It is vital that the law remains relevant and up-to-date, reflecting the reality of modern society and the reasonable expectations of those who have been bereaved.’

 
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