Proposed Changes to Intestacy Rules

The Law Commission has published proposals that the Intestacy Rules (that determine how estates are administered when someone dies without leaving a Will) be amended to give some cohabitants the right to claim their deceased partner’s estate.

If these proposals became law then a spouse or civil partner would become the sole beneficiary of the estate unless there were children or grandchildren. If there were children then the Partner would receive a specified amount and one half of what is left.

A further proposal would allow a child or other dependant to make a claim on the estate of someone who has died even though they were not being financially supported by that person.

The government has not yet indicated when it will respond to these recommendations let alone agree to give them the force of the law.

The best way to make sure that your estate goes to those that you want to benefit is to make a proper Will with a qualified solicitor. Something we would be more than happy to help you with!

Angela Coles, Solicitor – Probate Department
MKB Solicitors LLP