Proposed inheritance rights for cohabitants

The Law Commission has published its recommendations for changes to the law on intestacy and family provision claims on death, which include a proposal which would give inheritance rights to co-habiting couples in the absence of a written will.

The laws of intestacy govern how an estate should be divided when the deceased had not written and executed a Will. This is a common occurrence in Northern Ireland and throughout the UK with 70% of adults said not to have written a Will that sets out how their estate should be divided upon their death. In these cases the rules of intestacy are applied to decide how any assets should be passed on. However the current rules of assets are largely based on the traditional family model involving a marriage and do not always give proper weight to the relationships of co-habiting couples.

The draft inheritance (Cohabitants) Bill drafted by the Law Commission contains provisions for some co-habiting couples to have a right to inheritance if they have lived together for a minimum of 5 years and have no children. If the couple has a child that was living with the couple at the time of the deceased’s death there is only a need for 2 years of co-habitation for the automatic right to residency to apply.

Lenore Rice, a solicitor specialising in Wills and Probate at Wilson Nesbitt in Northern Ireland, commented:

"People continue to be very reluctant to make a Will, often in the assumption that their assets will be divided in the way they would largely want them to be anyway. However, this is not always the case, and with co-habiting couples in particular it is a myth that they have the same legal rights as married couples.

"The proposed changes to current legislation would see it reflect the growing trend of couples to cohabit rather than marry, but people should not wait for changes in the law to protect them, and should write a Will as soon as possible."

If you live in Northern Ireland, and would like to receive information about writing a Will, contact one of the will writing solicitors at Wilson Nesbitt with your details by clicking here .

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