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What happens if you die without leaving a will?

Every year, tens of thousand of people die intestate (without leaving a will). Under the current law, if you live with your partner and they die without a will, you get nothing.

You can ask the state to consider your needs by making a family provision claim, but this is expensive and stressful. It may involve taking legal action against your partner’s relatives and even perhaps your own children.

Improving the rights of cohabitants under the intestacy rules will simplify things and make them fairer, the Law Commission has suggested.

Proposals to update inheritance law

The Law Commission has suggested some changes in a consultation paper. The proposals put forward include the following:

• a unmarried cohabiting partner who had children with the deceased (the person who died) would be entitled to the entire estate
• the surviving partner of a married couple with children would receive the full estate (under current rules they're entitled to only the first £250,000)
• the surviving partner of an unmarried couple without children who'd lived together for two to five years would be entitled to half the estate (if they'd lived together five years or more, they'd be treated the same as a married couple) 
• the surviving partner of a cohabiting unmarried couple who had a child together would be treated as if married, even if they'd lived together less than two years

• Learn more about the proposed changes to the law. Opens new window

Make your views heard by 28 February 2010

The Law Commission is seeking comment on certain parts of the proposals. Read the full consultation paper, an overview or an executive summary by following the 'Consultation on Intestacy' link below.

• Law Commission - Consultation on Intestacy Opens new window

If you want to comment on the proposals, you have until 28 February 2010 to do so.

You can respond to the consultation by email or by post at the addresses below.

propertyandtrust@lawcommission.gsi.gov.uk

Jack Connah
Law Commission
Steel House
11 Tothill Street
London
SW1H 9LJ

More on Directgov

• Financial reasons to make a will (money, tax and benefits section)

• What to do if there is no will (government, citizens and rights section)

• What to do when someone dies checklist (government, citizens and rights section)

• When someone dies abroad (government, citizens and rights section)