Her Honour Nasreen Pearce, Retired Circuit JudgeIn 2011 the Law Comission published its report
Intestacy and Family Provisions Claims on
Death, Law Com 331 (2011)) in which
it recommended reform of the law on intestacy and family provision claims on
death, including a proposal that certain cohabitants should be entitled to
inheritance rights. Its recommendations were set out in two draft bills annexed
to its report - the Inheritance and Trustees Powers Bill and the Inheritance (Cohabitants) Bill. After
considerable pressure from the Law Commission the Government accepted the
Commission’s recommendations in Parts 2 -7 of its report by giving effect to
the draft Inheritance and Trustees’ Powers Bill. The Bill was introduced in the
House of Lords on 30 July 2013 and received Royal Assent on 14 May 2014.
It came into force on 1 October 2014 by commencement order 2014/2039. The Act
reforms:
- The
intestacy rules contained in the Administration of Estates Act 1925 and the
Intestates’ Estates Act 1952.
- Family
provisions in the Inheritance (Provisions for Family and Dependants) Act 1975
(I(PFD)Act 1975.
- The
power of trustees of a trust fund in the Trustees Act 1925.
This article covers the reforms to the intestacy
rules: they are relevant to family lawyers where a claim for family provision
under the I(PFD)Act 1975 where the disposition of the deceased estate fails to
make reasonable financial provisions for the applicant not only under the
deceased’s will but also under the intestacy provisions or the combination of
both the will and the law of intestacy.
The full version of this article appears in the November 2014 issue of Family Law.
Online subscribers can access the full version here.
For details on how you can subscribe to Family Law or for any offers, please contact a member of our sales team: Tel 0117 918 1555, or email: sales.manager@jordanpublishing.co.uk
31 MAR 2025
