Overview

This bill aims to grant inheritance rights to unmarried cohabitants in England and Wales, similar to those enjoyed by spouses and civil partners upon the death of a partner. It clarifies the legal rights of cohabitants concerning the deceased's estate, both when a will exists and when one does not.

Description

The Inheritance (Cohabitants) Bill amends several existing Acts to include "qualifying cohabitants" in inheritance law. A qualifying cohabitant is defined as someone who was neither married nor in a civil partnership at the time of their partner's death and meets one of two conditions:

• Lived with the deceased as their spouse/civil partner for the five years before their death.
• Is the other parent of the deceased's child, lived with the child and the deceased as their spouse/civil partner for two years before the death.

The key changes include:

• Intestacy: Qualifying cohabitants gain inheritance rights in cases of intestacy (death without a will), similar to spouses and civil partners.
• Rights to the home: Qualifying cohabitants gain similar rights to the family home as spouses and civil partners in cases of intestacy.
• Financial provision: Qualifying cohabitants gain the right to apply to the courts for financial provision from the deceased’s estate.
• Amendments to other Acts: The bill makes consequential amendments to the Administration of Estates Act 1925, the Intestates' Estates Act 1952, the Inheritance (Provision for Family and Dependants) Act 1975, the Law Reform (Succession) Act 1995 and the Civil Partnership Act 2004.

Government Spending

The bill is unlikely to directly increase government spending, as it primarily concerns the redistribution of private assets.

Groups Affected

• Unmarried cohabitants: This bill significantly impacts them, granting them new inheritance rights and protections previously unavailable.
• Spouses and civil partners: Their rights might be indirectly affected, as the distribution of assets could change if the deceased leaves behind a qualifying cohabitant.
• Children: The bill may affect children of the deceased, particularly those living with a qualifying cohabitant.
• Executors and administrators: The bill requires them to consider the inheritance rights of qualifying cohabitants, potentially increasing their administrative burden.
• Solicitors and legal professionals: They will need to be aware of this new legislation and be prepared to advise clients on its implications.

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