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04/11/2009
Inheritance law proposals 'to deal with misconceptions' |
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Proposed changes to inheritance law are aimed at dealing with a frequent public misconception, a barrister has said.
Miranda Allardice stated: "There is this common popular misconception that there is such a thing as a common law marriage."
As a result, she said, the Law Commission has proposed to "reflect public opinion" by extending automatic inheritance rights to such couples if they have lived together for five years or have a child.
However, Ms Allardice warned, there could be difficulties in defining whether a couple are specifically cohabiting or not, in contrast with the clear legal status conferred by marriage.
Those who are living together may wish to ensure their partner and any children are clearly covered for by asking a lawyer skilled in will drafting to draw up such a document.
Leader of the Law Commission project charged with drawing up the proposals Professor Elizabeth Cooke said it is up-to-date and "reflecting the reality of modern society".
Written by Anna Norton
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