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Intestacy law news – Law Commission recommends update of inheritance laws

13th January 2012

Wills solicitors generally welcomed the proposals as current distribution laws date back to 1925 and it is often felt that there are many unnecessary obstacles in the path of family claimants when there is no will.

The report also proposed changes to inheritance law for unmarried and cohabiting couples. The Law Commission has proposed that certain cohabiting bereaved partners should no longer be forced to go to court to make an inheritance claim where there is no will.

Professor Elizabeth Cooke, the Law Commissioner leading the project, said, “It is important to have clear, modern and fair rules for dealing with the property of a person who has died.

“The recommendations we present today follow extensive research and consultation on how the law of inheritance should operate in the 21st century. They would benefit many thousands of people at one of the most difficult times of their lives.”

However, wills solicitors maintain that the making of a will is the single most important way of ensuring an estate is distributed in line with the wishes of a deceased person, and they urge adults nationwide to seek advice on writing a will from experienced legal practitioners. 

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