UNMARRIED couples in Warrington could automatically inherit some of their partner’s estate on his or her death under radical reforms being proposed by the Government’s law reform watchdog.
The Law Commission is planning to extend rights enjoyed by married couples to about two million cohabitants nationwide.
At present, couples who live together have no automatic right to inherit their partner’s home or belongings, if one of them dies without leaving a will.
Complex calculations favour a surviving spouse and children and so people who co-habit often end up with nothing – and in severe cases could even lose their home.
Now, new inheritance rules could see cohabiting couples, including gay partners, given guaranteed rights to at least part of their loved one’s estate. If they have lived together for five years, or had a child together, they should have the same rights as spouses, the commission suggests.
The new proposals, which are subject of public consultation until February 28 next year have been welcomed by local legal expert Stephen Lawson, of Warrington-based Forshaws Davies Ridgway solicitors.
Stephen has recently been appointed a member of the Society of Trust and Estate Practitioners (STEP) in recognition of his work involving contested wills.
He said: “With marriage numbers continuing to decrease in the area this will continue to affect more and more people.”
“The Law Commission’s proposal to extend rights to cohabitants as well as married couples is a positive and bold step, however nothing can beat ensuring a will is correct in the first place.
“Over half the adult UK population does not have a valid will. This could mean their family are out of pocket if they were to pass away.
“If you are unfortunate enough to be in the position whereby you think a will has been distributed incorrectly or a will has not been written correctly then speak to a legal expert. This is a highly niche area of law so make sure you speak to the right experts.”
“With increasing numbers undertaking ‘DIY wills’ or not bothering with a will at all there are plenty of wills which beneficiaries are unhappy with.”
