Succession: Cohabitation
The question
To ask the Secretary of State for Justice, whether he is taking steps to modernise the Inheritance Act to reflect a) common law partners and b) common law partners whose marriage plans were underway before one of those partners passed away.
Answered by Alex Davies-Jones
There is no legal status of “common law partners” in England and Wales. Under the Inheritance (Provision for Family and Dependants) Act 1975, cohabitants (where they were living together as if married or in a civil partnership for at least two years) may apply for reasonable financial provision from a deceased partner’s estate.
The Government recognises concerns about the current position and has committed to strengthening the rights of cohabitants. We will consult in due course on potential reforms, including enhancing inheritance rights for cohabitants.
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