A warning has been issued over inheritance rule changes from the Labour Party government which could grant cohabiting couples automatic rights to inherit from one another.
Designed to shape future law and better reflect modern society, the consultation looks to strengthen rights and make the separation process less financially difficult for cohabiting couples and those who simply choose not to marry. The changes will impact 3.5 million, the government reckons.
Expert Concerns
Lauren Smith, Partner at Taylor Bracewell Solicitors and a participating Will Aid solicitor, said: "There is a very real danger that reforms like these create a false sense of security. People may believe the law will now 'sort everything out' for them after death. It won't.
"In reality, modern families are far too complicated for any default legal framework to deliver the outcome every individual would want."
Lauren added: "While the Government's consultation seeks to address an important issue, it also highlights just how complicated modern family life has become. The reality is that there is no single legal solution that can accurately reflect every family's circumstance or every individual's wishes.
"We regularly advise people who have children from previous relationships, blended families, business interests, inherited assets or specific wishes about who should benefit from their estate. What may be the right outcome for one family could be entirely wrong for another. Automatic inheritance rights could produce outcomes that are directly contrary to those wishes."
Call for Clear Wills
Peter de Vena Franks, Campaign Director at Will Aid, said: "The fact that nearly seven in ten cohabiting couples do not understand the current law demonstrates how much confusion already exists.
"The answer cannot simply be to create another set of default rules and hope people read the small print. Every family is different. Every estate is different. Every person's wishes are different.
"The only reliable way to protect your loved ones is to make your intentions absolutely clear through a professionally drafted Will. By participating in Will Aid, couples can ensure their wishes are clearly documented, giving both partners peace of mind that their loved one will be provided for in the event of their death."
