Public backs reform of intestacy rules
Attitudes towards intestacy and cohabitating couples are shifting as the public increasingly wants un-married partners to have a right to property and estates despite not being named in a will.
Research published this week highlights public backing for cohabitants to be included in the list of those entitled to share in the estate of a partner who dies intestate. Under the current provisions, those who die intestate while cohabitating leave their partners in a legal waste land with no inheritance rights.
Interests of children
According to the report – Inheritance and the Family: Attitudes to will-making and intestacy, published by the National Centre for Social Research (NATCEN) and Cardiff University: ‘Changes in the way people construct their family relationships mean that there is now strong public support for law reform that expands the range of beneficiaries to include cohabiting partners and ensures that the interests of children are always recognised by the intestacy rules.’
The report targets four reform objectives in the event of intestacy: priority must be given to certain individuals or types of relations; that property must be maintained within the blood line; that family stability must be secured and any action must minimise the practical impact of the death of those left behind.
Law Commission review
The researchers have submitted their recommendations to the Law Commission, which is drafting a review of intestacy and family provisions for publication next year.
