The Government is consulting on major changes to inheritance rights that could allow cohabiting couples to automatically inherit from each other for the first time. While intended to simplify the process, experts warn it may create a "dangerous false sense of security."
Current Inheritance Rules
Under existing rules, if a person dies without a Will, their estate automatically goes to their spouse and children first. However, this only applies to married couples or those in civil partnerships. Unmarried couples, regardless of how long they lived together or whether they had children, do not receive these automatic rights.
Proposed Changes
The Government is now consulting on whether cohabiting couples should receive automatic inheritance rights similar to married partners when a partner dies without a Will. This would mark a significant shift in inheritance law.
Expert Warning
Lauren Smith, Partner at Taylor Bracewell Solicitors and a participating Will Aid solicitor, cautioned: "There is a very real danger that reforms like these create a false sense of security. People may believe the law will now 'sort everything out' for them after death. It won't." She added that modern families are "far too complicated for any default legal framework to deliver the outcome every individual would want."
Research by Will Aid found that 68% of cohabiting couples do not understand what happens when a person dies without a Will, and a quarter wrongly believe they will automatically inherit from their partner despite not being married.
Smith continued: "While the Government's consultation seeks to address an important issue, it also highlights just how complicated modern family life has become. The reality is that there is no single legal solution that can accurately reflect every family's circumstance or every individual's wishes." She noted that factors like children from previous relationships, blended families, business interests, and inherited assets complicate matters.
Automatic inheritance rights could produce outcomes contrary to a person's wishes. Defining a "cohabiting couple" also poses challenges, such as whether couples who keep finances separate or those who separate and reconcile qualify.
Peter de Vena Franks, Campaign Director at Will Aid, stated: "The fact that nearly seven in ten cohabiting couples do not understand the current law demonstrates how much confusion already exists. The answer cannot simply be to create another set of default rules and hope people read the small print." He emphasized that the only reliable way to protect loved ones is through a professionally drafted Will.
