Overview

This bill aims to grant inheritance rights to unmarried cohabitants in England and Wales upon the death of their partner, providing them with similar protections to those afforded to married couples and civil partners.

Description

Intestacy Rights

The bill amends existing legislation (Administration of Estates Act 1925) to include "qualifying cohabitants" in the definition of those inheriting property when someone dies without a will (intestacy). A qualifying cohabitant is someone who was neither married nor in a civil partnership, and meets either a 5-year cohabitation requirement (living together as a spouse in the same household) or a 2-year requirement if they are the parent of the deceased's child (living together as a spouse in the same household with the child).

Inheritance Rights concerning the home

The bill similarly extends the rights relating to the family home (Intestates' Estates Act 1952) to qualifying cohabitants.

Financial Provision Applications

Changes to the Inheritance (Provision for Family and Dependants) Act 1975 will enable qualifying cohabitants to make applications to the court for financial provision from the deceased's estate, similar to spouses and civil partners.

Minor and Consequential Amendments

The bill includes minor and consequential amendments to other relevant Acts, ensuring consistency across legislation related to inheritance and succession.

Government Spending

The bill is not expected to have a significant impact on government spending. The costs will likely be associated with administrative changes to reflect the new legislation.

Groups Affected

This bill primarily affects:

• Unmarried cohabitants: Grants them inheritance rights similar to married couples and civil partners in cases of intestacy or financial provision applications.
• Children of the deceased: Their rights are impacted indirectly if a qualifying cohabitant parent is involved in inheritance matters.
• Executors and administrators of estates: They will need to be aware of the new regulations regarding cohabitant's rights.
• Legal professionals: Changes in legislation will impact their professional practice.

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