Modernising inheritance law

29 October 2009

In a public consultation launched today, the Law Commission seeks to bring inheritance law up to date to meet the needs and expectations of modern families.

Every year, tens of thousand of people die without a will, leaving their property to be distributed according to legal rules dating back to 1925. Even if there is a will, it may not stand up to scrutiny from the courts if reasonable provision was not made for certain family members and dependants.

In its new consultation paper, Intestacy and Family Provision Claims on Death, the Law Commission examines options for reform of these rules which would safeguard the position of bereaved spouses, while taking account of the concerns of children and other relatives of the deceased.

Where the deceased did not leave children or other descendants, it is proposed that a surviving spouse should inherit the whole estate. In the more complex situation where there are surviving descendants, the Law Commission seeks views from consultees on a series of options for reform.

The Law Commission also wants to extend the protection of the intestacy rules to unmarried partners who have lived together for some time or have a child. Under current law, they may have to go to court to claim reasonable provision from a partner's estate, which may involve great financial and emotional cost. These reforms would bring English law into line with public attitudes, and with the law in other Commonwealth countries.

Other proposed reforms would improve the rights of children who are adopted after the death of a parent, and would end the unequal treatment of half-brothers and sisters in inheritance law. Professor Elizabeth Cooke, the Commissioner leading the project, 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 or 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."

A summary of the proposals is attached. The full consultation paper is available at www.lawcom.gov.uk/intestacy.htm. The consultation closes on 28 February 2010.

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