Overview

This bill aims to grant inheritance rights to cohabitants in England and Wales upon the death of their partner who died without a will (intestacy). It extends the rights currently enjoyed by spouses and civil partners to eligible cohabitants, providing them with a share of the deceased's estate and rights concerning the family home.

Description

The Inheritance (Cohabitants) Bill amends existing legislation, including the Administration of Estates Act 1925, the Intestates' Estates Act 1952, and the Inheritance (Provision for Family and Dependants) Act 1975. Key changes are:

• Intestacy Rights: Cohabitants who meet specific criteria (defined below) are granted inheritance rights equivalent to spouses and civil partners in cases of intestacy.
• Home Rights: The bill provides cohabitants with rights regarding the family home, similar to those afforded to spouses and civil partners.
• Financial Provision Applications: The bill allows qualifying cohabitants to apply to the courts for financial provision from the deceased's estate.
• Qualifying Cohabitant Criteria: A qualifying cohabitant is defined as someone who was not married or in a civil partnership at the time of the deceased's death and who either lived with the deceased as their spouse or civil partner for the five years preceding death or is the other parent of the deceased's child, lived with the child and the deceased for two years preceding death, and lived with the deceased as their spouse or civil partner for that period.

Government Spending

The bill is not expected to result in significant direct government spending. The changes primarily affect the distribution of private assets and the legal processes around inheritance.

Groups Affected

The bill primarily affects:

• Unmarried cohabitants: The bill grants them legal rights similar to married couples and civil partners regarding inheritance and the family home, provided they meet the qualifying criteria.
• Children of the deceased: Their inheritance may be affected by the inclusion of cohabitants in the distribution of the estate.
• Executors and administrators: They will need to be aware of the new provisions when administering estates.
• Solicitors and legal professionals: They will need to advise clients on the implications of the new law.

Powered by nyModel