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Inheritance rights for co-habiting couples

 

Cohabiting couples with children would be given automatic inheritance rights, like a married couple, under controversial new proposals.

New rights: The surviving partner would be entitled to at least a share of their partner's estate

If one died without leaving a will, the survivor would be entitled to at least a share of their estate.

Couples without children would qualify to be treated the same as a married couple after five years' living together.

After just two years, the survivor of a childless couple would be entitled to half the estate. The remainder would pass to whoever is next in line, such as parents or siblings.

The proposals from the Law Commission would apply equally to gay and straight couples.

Under current laws, couples who are unmarried and not in a civil partnership have no automatic rights to a share of a partner's estate if there is no will.

This can lead to 'significant hardship' when one dies unexpectedly, said the Commission's Professor Elizabeth Cooke. She said the changes would remove, for the bereaved, the need for 'emotionally and financially draining' legal action.

Her report says research has shown that the proposals 'match public expectations and attitudes'.

But critics say they will deal yet another blow to the institution of marriage, by removing another incentive to wed.

Robert Whelan of the Civitas think-tank said: 'Marriage is increasingly fragile as an institution. It is less popular, and yet we know it is associated with the best outcomes for children.

'People who marry are doing the rest of us a favour. They make a life-long commitment which benefits not only their children but the wider society.

'This needs to be recognised, even if only in small ways. If you give marriage and cohabiting

equal status then the incentive to make that commitment is weakened.'

The number of unmarried couples has risen sharply over the past decade, while marriage has been declining.

Analysis by the Office for National Statistics found that in the ten years between 1996 and 2006, the number of cohabiting couples rose by 65% from 1.4m to 2.3m.

The number of married couples fell by 4% to 12.1m.

It is estimated that as many as 350,000 people die each year without making a will, even though some have vast fortunes.

Four-fifths of cohabiting couples have not made a will.

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The Law Commission consultation paper, Intestacy And Family Provision Claims On Death, says living together is both 'an accepted family form' in itself and a natural step towards marriage.

Professor Cooke said: 'When a family member dies, the process of grieving, and of adjustment to change, can be made far worse by uncertainty and anxiety about money or belongings.

'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.'

She said that even where the survivors of unmarried couples win a settlement in court, they tend to be receive less than married claimants.

The Commission also proposed changes to inheritance rules for married couples without wills.

Currently, spouses are entitled to the first £250,000 and personal possessions, but in cases where more is left they may have to share with children, siblings or parents. The Commission said married couples without children should receive everything.

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