Law Commission sounds warning on wills
Monday 9th November 2009
The Law Commission for England and Wales is proposing that unmarried partners should be able to inherit each other's wealth, even if they have not written a will.
The Law Commission insists public opinion clearly supports change.
Living together
The Commission points out that there are now more than two million cohabiting couples in the country, a figure that is soon expected to rise to three million.
Some 30% of children are born into such relationships.
Professor Elizabeth Cooke, the Law Commissioner for England and Wales, believes it is high time the law caught up with the reality of family life.
She says in most cases, such couples represent genuine family units.
"They are family. One of them dies unexpectedly. And they can be taken by surprise in finding they have no entitlement under existing intestacy rules," she explained.
The Commission's proposals would allow any couple that have been together for five years, or who have children, to inherit from the other partner just as they would had they been married.
If the couple has been together for two years, but less than five, the surviving partner would inherit half the amount they would otherwise have been entitled to.
Writing a will
If more people did make a will, there would be less need for the current proposals. At the moment cohabiting couples are among the least likely to write a will. More than 80% of them do not get round to it.
Professor Cooke, the Law Commissioner, concurs.
"There's almost a superstition about making a will," he said. "If I make one, maybe I'm going to die. Perhaps it's easier to say to your partner, 'shall we both make our wills?'"
Consultation
Any change in the law would bring England and Wales into line with Australia, Canada and New Zealand.
But it will be up to the next Government to decide whether these proposed changes should become the law of the land, and so far there has been no official reaction from the main political parties.
The proposals are now open for consultation until the end of February next year. Anyone who wishes to comment can visit the Law Commission's website.
In the meantime
Our advice is that if you have not yet made a will, you should do so as soon as possible. The Law Commission’s report highlights the particular importance of doing so if you are cohabiting. The costs involved in making a will are modest. The costs involved in contesting a will by comparison are substantial and with no guarantee of a successful outcome in court.
