Law Commission Recommends Reform of Estate Laws in England and Wales

According to some estate planning experts in England and Wales, a partner should be able to inherit from his or her partner’s without court intervention as long as the couple had been together for at least five years. However, the Law Commission has recommended lowering this term to two years if the unmarried couple has children.

Additionally, the Law Commission has recommended that married couples be allowed to inherit the whole estate of a deceased spouse who dies intestate and without children. The law currently allows surviving spouses to inherit the first £250,000 and personal possessions of the deceased spouse, but if any assets remain, they may be divided among children, siblings or parents. The Law Commission stated that its recommendations are part of an overall review and update of inheritance law in an effort to make the law more applicable to and beneficial for “modern families.”

See Call to Update Inheritance Law, Mirror, Dec. 14, 2011.