Govt advisors call for equal rights for unmarried couples

Every year thousands of people die in intestate, leaving their co-habiting partner bereft.

In order to give unmarried couples the same inheritance rights as their married counterparts, the Law Commission has recommended that those who have lived together for five years or more should automatically be able to inherit from each other without writing a will.

Proposals forming part of the Inheritance (Cohabitants) Bill state that entitlement should be applied after two years of cohabitation if a child is involved, providing the child was living with the couple when one parent dies.

The Bill also states that cohabiting unmarried couples should have the same intestacy rights as a spouse.

Inheritance (Cohabitants) Bill provisions also claim that those from a fossil marriage - where a couple are married but live apart without divorce - should have no entitlement to any of the estate.

Changing probate rules effecting fossil marriages has long been called for in the UK, as older adults often separate but neglect to get divorced before death.

Published by Phil Hammond