Thursday, October 29, 2009

Inconsistent

The point has already been made, but it does seem a little odd that the Law Commission is proposing that cohabitants should have an entitlement on intestacy, while at the same time the Government has shelved plans to give cohabitants property rights upon separation. If the Law Commission's proposals are passed into law, we could have the very strange situation whereby if your partners dies intestate then you will automatically receive part of their estate, whereas if they leave you then you will receive nothing. Of course, we already have the situation whereby a cohabitant can benefit from their deceased partner's estate if they make a successful family provision claim although, as the Law commission points out, such a claim is expensive and stressful, and involves litigation against the deceased’s relatives and even perhaps the cohabitant’s own children.

Time for a bit of joined-up thinking, perhaps?

3 comments:

  1. Looks consistent to me. If someone leaves you, then they presumably don't want you to have their stuff. If, on the other hand, they're still living with you when they die, it's not unreasonable to suppose that they do.

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  2. Like that David. Agree with too.

    Have already heard it elsewhere suggested by women to try to get partner to kill himself rather than divorce as widows are socially better regarded and financially better off than divorcees also.

    Looks like we're heading for a society of eunuchs. Being sexual and having a partner is risky to your life.

    More work for lawyers here though (suprise suprise), making wills, since people are voting with their feet on marriage and the co-habiting bits have to find the money elsewhere like in wills and prenups I suppose. No big deal I suppose. I will advise my children to stear clear of the 1973 mca and csa whatever else happens.

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  3. David: That assumes that it is and should be "their stuff". Often, they have accumulated "their stuff" partly through the efforts of their (former) partner, for example where they have been working and their partner has been looking after the home and bringing up the children.

    ReplyDelete

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