Family Law

Her Honour Nasreen Pearce, Retired Circuit Judge

In 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.

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The full version of this article appears in the November 2014 issue of Family Law.

Online subscribers can access the full version here.

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