• March 28, 2024
 Cohabitants – Would you leave your legacy to chance?

Cohabitants – Would you leave your legacy to chance?

It is a tormenting fact that only 17% of cohabitants in the UK have made a will. The research provided by The National Consumer Council is of severe concern as many families are being left with the emotional and financial hardships of dealing with a loved one’s estate as it passes through the Rules of Intestacy.

Simon Hughes, Minister of State at the Ministry of Justice addressed the need for change at a Second Reading Committee for the Inheritance (Cohabitants) Bill in 2012, where it was established that, “the government will introduce changes to modernise and simplify Inheritance Law to benefit many people at what will be a particularly difficult time”. However, it soon became apparent that this was not for the benefit of Cohabitants.

The Bill was enacted and the Inheritance and Trustees Powers Act 2014 was born. The act reinforced the position of married couples and civil partners, however, cohabitants were still left in a vulnerable position with little to fall back on should there partner pass away. The view of the Law Society was that “Cohabitation is no longer an insignificant minority choice, nor a socially unacceptable lifestyle”. This reflects our changing society today, yet it was brushed aside and no mention of cohabitation rights were entered into the act. Currently for cohabitants it is unlikely that your estate will fall directly to your un-married partner, especially if you have children as they take priority, leaving them with little or in some cases nothing at all.

So why was this? Simon Hughes added in a further statement that, “It would not be wise to consider further reform in this controversial area”. It is clear from this statement that no statute will come into effect in the near future and based on the finding from the Office for National Statistics, identifying that Cohabiting families are the “fastest growing family type in the UK” this poses significant issues. It is now, more than ever, more important to have a valid will to ensure that all personal wishes are met. Nobody would want their family to be left suffering due to the reluctance to take out a will. It is now such a simple process and can prevent family stress, torment and possible disputes.

Moving forward, it has been noted that the government do need to act and put protocol in place to make sure cohabitants are protected. They are currently pushing for the Cohabitation Rights Bill, which on the 12 December 2014 had its second reading. Could this be the bill that finally sets out regulatory rules to safeguard a growing category of family unit? It has been met with criticism, and the government does have a hard job on its hands trying balance the views across the board. Lady Baroness Deech is currently campaigning strongly against pushing for marriage and cohabitation rights to mirror each other as in her view marriage laws should not be imposed upon cohabitants who choose not to marry as “Couples may be trying out a relationship and we should not impose the penalties of a failed marriage”. It is evident that the law in this area is clearly distorted, unclear and currently the only way to protect your family would be to have a valid will in place.

It is important to note that everyone should have a will in place whether married, cohabiting or single however the risks involved in cohabiting are far greater. Andrew Capon, Law Society Presidents statement “don’t make this mess, your legacy” sums up the view of many professionals in the field of will writing at the moment. With nothing set in stone why would you leave your legacy to chance?

Andy Townsend, Chairman of the Estate Planners Network