Overview

This bill aims to grant inheritance rights to unmarried cohabitants in England and Wales when a partner dies without a will (intestacy). It extends existing rights afforded to married couples and civil partners to eligible cohabitants, providing them with a share of the deceased's estate and offering certain protections regarding the family home.

Description

The Inheritance (Cohabitants) Bill amends several existing Acts to include "qualifying cohabitants" in the definition of those entitled to inherit. A qualifying cohabitant is someone who:

• Was not married or in a civil partnership to the deceased immediately before their death;
• Meets either condition A or condition B:
• Condition A: Lived with the deceased as their spouse or civil partner in the same household for the five years leading up to the death.
• Condition B: Is the other parent of the deceased's child (born on or before death), lived with the child in the same household at the time of death, and lived with the deceased as their spouse or civil partner in the same household for the two years leading up to the death.

The bill modifies the Administration of Estates Act 1925, the Intestates' Estates Act 1952, the Inheritance (Provision for Family and Dependants) Act 1975, and other relevant legislation to incorporate these changes. It provides qualifying cohabitants with rights to a share of the deceased's estate, including rights concerning the family home, and the ability to apply to the court for financial provision from the estate.

Government Spending

The bill is unlikely to directly increase or decrease UK government spending significantly. The cost will mainly relate to administrative changes within the existing court system. No specific figures were provided in the bill text.

Groups Affected

• Unmarried cohabitants: Those meeting the criteria of "qualifying cohabitant" will gain inheritance rights and legal protections previously unavailable to them.
• Married couples and civil partners: Their existing rights remain largely unchanged but the introduction of cohabitant rights could alter the distribution of an estate if both exist.
• Children of the deceased: Their inheritance may be affected by the inclusion of a cohabitant's rights.
• Executors and administrators of estates: They will need to be aware of and adhere to the altered rules regarding inheritance distribution.
• Solicitors and legal professionals: They need to be updated with the new legal framework.

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