Government rejects requests for cohabitation law reform

In August this year, the (cross-party) Women and Equalities Committee produced a report recommending changes that in certain cases would give cohabiting persons in England and Wales some claims on their partners’ financial assets if they have not left a will, similar to those granted by marriage or civil partnership, unless they opt out. The committee also asked the government to publish clear guidelines on how pension schemes should treat surviving cohabitants when claiming a survivor’s pension.

The government has however, rejected these recommendations, stating that ‘existing work on the law of marriage and divorce must conclude, before it could consider changes to the law for cohabitants’.

We recently wrote about the importance of putting in place a Lasting Power of Attorney for Cohabitees, but this news stresses more than ever, the importance of having a will in place.

About 3.6 million couples are now living together as cohabitants in the UK, representing around 1 in 5 couples living together. This isn’t an insignificant number. Nobody likes to think about getting ill, or dying, but by putting measures in place it ensures that your wishes are known.

As has been highlighted by the above report, the principle of the “common law spouse” is a myth. Unfortunately, an unmarried couple are not afforded any rights to inheritance under English and Welsh Law. If a Will is not made then the persons estate will be dealt with under the intestacy laws. Under these laws an unmarried partner is not included.

Should the worst happen, a Will is the only way to secure that your estate will go exactly where you want it to.

If you are cohabiting and want to talk through your options, please get in touch. Our friendly and experienced Wills & Probate team can both advise and help you get everything lined up, so that you can get on with living your lives. Contact us today to make an appointment.