Search
GO

 

Unmarried couples, who live together for two years, will be entitled to the same intestate rights as married couples, under new proposals from government law advisers.

The proposals, being consulted over until February next year, will allow those whose partners die without a will the same rights to their estate as a surviving spouse in a marriage.

In an attempt to align the law with the concept of “modern families”, the Commission has admitted that proposals will be met with controversy, but insist the law must “reflect some of the social conditions and attitudes of a different era.”

Professor Elizabeth Cooke, leading Commissioner for the review, 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.”

Under the current law, ‘cohabitees’ have no automatic right to their partner’s estate in the event of death. At present, a partner’s estate will be handed down to their children, or surviving family members if childless.

Approximately 2.5m couples live together outside of marriage in England and Wales and the commission believes the public has “increasingly” accepted the idea as a “family form”.

“While some may find this idea controversial, research indicates that it would match public expectations and attitudes,” said the Commission’s, Intestacy and Family Provision Claims on Death proposal.

But the move has come under fire from leading academics and those looking to preserve the sanctity of marriage, claiming a change in the law will further weaken the significance of traditional families. Last year, a senior High Court judge even claimed that family life is experiencing an epidemic “meltdown” in value.

The proposals have also debated the allocation of estates during the deaths of married couples. Currently, spouses are entitled to £250,000 and all personal possessions if children exist from their marriage, with the rest being split between the spouse and surviving children.

Where there are no children, spouses receive £450,000 worth of their partner’s estate with the rest split between them and parents or siblings.

The Commission has questioned the law, arguing that there may be a case for surviving spouses to receive their partner’s entire estate.