Intestacy and Family Provision Claims on Death

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. 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 and sisters in inheritance law.