Law Commission begins consultation on intestacy

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wills in windowThe Law Commission has begun a consultation period on the existing intestacy provisions and the need for change. The areas causing concern under the existing rules include the fact that cohabitants are obliged to litigate under the Inheritance Act 1975 to get anything at all, and the problems with the definition of “dependency” under the IHA 75. There have also been difficulties where the deceased has left a surviving spouse as well as children, often from another relationship. The date for responding to the consultation paper is 28 February 2010 and you can find the main page on the Law Commission website here.