Archive for the ‘Mediation & Arbitration’ Category

Intestacy rules; out of date?

Thursday, October 14th, 2010

There’s some interesting new research by the National  Centre for Social Research confirming that nearly two thirds of the public do not have a will. In its survey of 1,556 people, only 37% had a will. The Intestacy Rules currently entitle a surviving spouse to inherit most (often all) of the estate if there’s no will. 80% of those surveyed thought that was right. The thought provoking issue  is that those surveyed thought that the same rule should apply to cohabiting couples; more than half of respondents thought a surviving partner should receive at least 50% of the estate.  The Inheritance Act 1925 currently does enable a surviving cohabitee to apply to Court for financial support but that can be stressful and expensive.  It seems that public opinion is now tending towards treating cohabitees in the same way as spouses. It’s an issue that would benefit from public debate. In the meantime, Ridley and Hall’s contentious probate team deals with the disputes that arise when someone dies ; we can help when it’s not possible for families to resolve these issues themselves.