The Law Commission wants to end rules dating back more than 80 years and give most partners who do not marry the same rights as bereaved spouses.

The body admitted the proposal will be "controversial" but insisted current laws "reflect some of the social conditions and attitudes of a different era" and need to be in line with "modern families".

But the plans will reignite concerns that the significance of traditional families is being weakened.

Under the current law, cohabitees have no automatic right to inherit their partner's assets if they die without leaving a will, despite many believing they do.

Instead the estate goes to the children of the deceased or other family members if there are no children.

An unmarried partner would have to go to court to claim from the estate which causes "great financial and emotional cost", the Commission said.

In comparison, a married spouse or civil partner automatically inherits everything or receives a large portion of very high value estates.

In a major review of intestate rules, which govern what happens if someone dies without a will, the Commission proposes bringing some unmarried couples on a par with married ones.

The consultation suggests those who lived together for at least five years should have equal rights to those of a spouse while those who were together for between two and five years should receive half of what a spouse would. ...

Professor Elizabeth Cooke, the Commissioner who led the review, said: "When a family member dies, the process of grieving and of adjustment to change can be made far worse by uncertainty and anxiety about money for belongings.

"It is vital that the law remains relevant and up to date, reflecting the reality of modern society and the reasonable expectations of those who have been bereaved."

Labels: cohabitation, United Kingdom

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