Source · Select Committees · Women and Equalities Committee
Recommendation 4
4
Rejected
Paragraph: 63
The law should fully recognise the social reality of modern families and protect people regardless...
Conclusion
The law should fully recognise the social reality of modern families and protect people regardless of whether they are married, in a civil partnership, or in long- term cohabiting relationships. However, law reform should recognise that marriage continues to hold an important social and religious status in England and Wales. We believe that the Law Commission’s 2007 proposals for an opt-out cohabitation scheme are a pragmatic approach for reforming cohabitation law. The Law Commission’s proposed approach has the potential to: • protect eligible cohabitants who are economically vulnerable • preserve individual autonomy; The rights of cohabiting partners 27 • maintain a distinction with marriage and civil partnership; and • provide certainty about who qualifies as a cohabitant.
Government Response Summary
The Government rejects the recommendation, stating that reform of inheritance and family provision rights for cohabitees needs to be considered as part of the wider approach to reform of the law on cohabitation rights and intends to take a cautious approach, preferring to let individuals set their affairs in order via a will.
Paragraph Reference:
63
Government Response
Rejected
HM Government
Rejected
We reject this recommendation. The Government is of the view that reform of inheritance and family provision rights for cohabitees needs to be considered as part of the wider approach to reform of the law on cohabitation rights, so that a consistent approach is taken. As the Law Commission commented in its 2011 report, ‘this issue has the potential to be divisive and contentious’, for example the recommended reform would have the effect of promoting the interests of cohabitees over family members of the deceased, potentially including their children. As a result, the Government intends to take a cautious approach in this area and would want to consult ahead of pursuing any reforms. In the meantime, the principle of freedom of testamentary capacity means that anyone is able to make a will which ensures a cohabiting partner is made a beneficiary to their estate, and the extent to which they are. It is therefore open to individuals to set their affairs in order in a way that ensures provision is made for a cohabiting partner. Cohabitants are also already able to make family provision claims (where a person dies intestate (without making a valid will) if they have been living in the same household as the deceased person and on the same basis as a spouse or civil partner for a two year period prior to their death.