John-Paul Dennis, of Kirwans, on legal rights for unmarried couples

UNMARRIED couples will welcome proposals by the Law Commission about how a person’s estate is distributed if they die without making a will.

The major review of inheritance law in England and Wales, which is heading to the Houses of Parliament for scrutiny by MPs and peers, recommends that unmarried couples who have lived together for more than five years should have an automatic right to their partner’s estate if they die intestate.

This suggested threshold is lowered to two years if the couple have a child who is still living with them.

Under current law, unmarried couples are not entitled to inheritance from their partner, although they can apply through the court for family provision or bring a full claim against the estate.

Generally, the raft of recommendations has won support from across the legal profession. However, the two draft bills may come under criticism from some quarters in Westminster who will argue that the proposed changes are overly ambitious and possibly even an outright attack on the institute of marriage.

It generally takes several years before a Law Commission draft bill becomes an Act of Parliament, so people should not rely on the law to protect them.

The overarching message to the public is “make a will and keep it under review”, or risk your assets being distributed according to the law rather than your wishes.