Law Commission unmarried cohabitation proposals could increase contentious claims

Leading wealth management lawyers, Moore Blatch, warn that the Law Commission proposals regarding extending intestacy laws to unmarried couples could substantially increase contentious claims. 

Moore Blatch warns that what constitutes an “unmarried couple” and “living together” will need strict definition and that perhaps couples should have to opt-in to the rules legally, if they want them to apply.  If definitions are loose there is likely to be a significant increase in claims from the family or the surviving partner over entitlement to assets.

Moore Blatch advises that many couples might prefer to keep their affairs separate and consequently would expect increased interest in Cohabitation Agreements, which might be able to incorporate an opt-out of any legislation introduced.

Whether this legislation is brought in or not, Moore Blatch always recommends that unmarried couples make a Will as the intestacy rules to not cover issues such as:-

• Appointment of guardians for children
• Protecting assets through the use of trusts, to ensure that if money goes to a partner, the children do eventually benefit, particularly children from previous relationships
• Protecting assets against depletion by payment of care home fees by the survivor
• Making provision for children to inherit assets after the age of 18
• Maximising the use of Inheritance Tax exemptions

Carla Brown, senior solicitor from Moore Blatch commented:  “I agree that reforms, such as these, which bring the law more in line with the modern world are necessary and very important. However, I do foresee inevitable difficulties in determining what constitutes living together “as man and wife”. Therefore it is important that the legislation is carefully drafted to avoid an increase in contentious claims from families and partners, causing upset and stress for those involved at an already difficult time.”