Death:
Unmarried partners
An unmarried partner has no rights under the intestacy rules. If he or she was dependant on the deceased at the time of death then the provisions of the Inheritance (Provision for Family and Dependants) Act 1975 allows the surviving partner to apply to the Courts for reasonable maintenance out of the estate. The Court can only make an award of income not capital although it can capitalise any income provision awarded so that it is paid in the form of a lump sum. A person can apply for maintenance if he or she lived in the same household as the deceased in the capacity of husband or wife during the whole of the two years before death.
The Civil Partnership Bill was introduced to the House of Lords on 30 March 2004 aiming to create a new legal status for same-sex relationships providing same-sex couples with similar rights to those of married couples, including in respect of pensions and inheritance tax. If the Bill receives Royal Assent during the current parliamentary session it may become law in autumn 2005. At present same-sex couples do not have any such rights. It should be noted that the Civil Partnership Bill does not apply to heterosexual couples as they have the option of a legalised union in marriage. It will apply only to same sex couples to give them rights equivalent to marriage.
 | |
Where next?
General…
