Recommendation 6

People need certainty following the loss of a partner. We support the Law Commission’s 2011 recommendations concerning intestacy and family provision claims for cohabitants. We are concerned that many cohabitants rely on trustee’ discretion to access their deceased partner’s pension, often after being asked to supply disproportionate amounts of evidence compared to married or civil partnered claimants. Like spouses and civil partners, cohabitants should be able to inherit the family home without fear they will have to sell it to pay an inheritance tax bill. The Government should immediately: a) implement the Law Commission’s 2011 recommendations concerning intestacy and family provision claims for cohabiting partners; b) publish clear guidelines on how pension schemes should treat surviving cohabiting partners, including what those partners are entitled to, and what evidence they will need to access survivor’s pensions; and c) review the inheritance tax regime so it is the same for cohabiting partners as it currently is for married couples and civil partners. (Paragraph 73) 28 The rights of cohabiting partners