News and Press
No such thing as common law wife - until death do us part?

The Law Commission has published a report provisionally recommending significant changes to the rules about how property is distributed when someone dies without leaving a will. The Commission is considering changes to the categories of relatives who can challenge a will if they are unhappy with the amount they received.

Currently, a surviving spouse where the deceased has left no valid will receives all personal effects and £250,000 if there are children, or £450,000 if there are no children, together with a life interest in half of anything that remains. The children will receive the other half of the estate or if the deceased had no children their parents or their siblings. The Commission provisionally proposes that a surviving spouse where there are no children should receive the whole estate whether or not there are other family members living.

Matthew Humphries, Associate in the Family Law team, says, "It is proposed that a cohabitant, whom is someone who lived with the deceased as a couple but were not married or in a civil partnership, should receive all of the estate if they have children together or have lived together for a continuous period of 5 years. If they have lived together for between two and five years, they might receive half of the amount a spouse would have received from the estate. Under the current law, cohabitants are not automatic beneficiaries even if they do have children together. This frequently causes real hardship for couples who have lived together for many years.

"The Commission aims to remove the current period of living together for two years before a cohabitant can bring a claim against an estate for reasonable financial provision, provided there are children as a result of the relationship. Further, it is proposed that cohabitants receive larger awards than under the current legislation.

"Specialist family solicitors have long been campaigning for changes in legislation to reflect our changing society and the increasing number of couples who live together outside of marriage or civil partnership. The proposals are to be welcomed and supported."

TLT has specialist family solicitors who deal with all issues affecting cohabitants including disputed wills and estates.