Risks in changing law to provide automatic rights on intestacy to cohabitants
With a recent Will Aid poll revealing over two thirds of people in Scotland believe the law of intestacy should be changed to offer legal protections for unmarried couples without a Will, Holmes Mackillop Solicitors has warned of the risks involved in changing the law to provide automatic rights of intestacy to a cohabitant.
Under current rules, unmarried partners have no automatic right to inherit if their partner dies without a Will, leaving many in financially vulnerable situations.
There is however a mechanism by which cohabitants can make a claim on the estate to give them rights similar to those a spouse would have. This involves raising a court action.
The government has confirmed it will consult on reforming cohabitation laws this year, but Holmes Mackillop director Ross Brown says that proving cohabitation is not straightforward.
“It is difficult to envisage how the law could be changed to provide automatic rights on intestacy to a cohabitant,” he said. “Even defining the meaning of ‘cohabitation’ is problematic.
“The fact that two people cohabit does not necessarily mean that they intend for each other to receive a financial benefit on death.
“A change of this nature could lead to hesitancy for family members (such as parents) giving money to assist with, for example, the purchase of property if there is a risk of the value being unintentionally lost to a third party on death.
“The existing system isn’t ideal, and reform may be required to give increased certainty in these situations.
“However, ultimately, a greater awareness of the risks around not having a Will which truly reflects the individual’s intentions would be far more favourable, especially when they are unmarried.”
ENDS
For further information please contact on Ross Brown on tel 0141 226 4942