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The Law Commission have today released proposals for reform to automatically give unmarried couples the right to inherit some of their partner's estate on their death.

Currently, if you are unmarried at the date of your death your partner has no automatic right to a share of your estate unless you have made a Will to expressly include him or her.

Many couples do not realise this to be the case and every year hundreds of thousands of people die without making a Will, leaving their property to be distributed according to law known as the Rules of Intestacy, which would possibly go against the individual's wishes had they thought about their own situation.

Presently, the only recourse for some bereaved partners would be to bring a claim before the court to claim reasonable provision from a deceased partner's estate. Again with this there would be individual constraints, time constraints as well as placing a great financial and emotional cost on the partner in making his or her claim.

The Law Commission propose the law to change inheritance rules to allow couples who have lived together for over five years or have children together to be treated in a similar manner as the new proposals for married couples, here the surviving partner would be entitled to the entire estate. Those that have cohabited for more than two years but do not have children, the Law Commission suggests, the surviving partner receive half the share of their estate.

Professor Elizabeth Cooke, the Law Commissioner leading the project accepts that some will find it controversial but said: "When a family member dies, the process of grieving, and of adjustment to change, can be made far worse by uncertainty and anxiety about money or belongings. It is vital that the law remains relevant and up to date, reflecting the reality of modern society and the reasonable expectations of those who have been bereaved."

These proposals are in the early consultation stage and it is likely they will be debated for some time. Our advice for any individual is to make a Will to give yourself the opportunity to state how you wish your estate to be dealt with. If you would like to enquire please contact our Wills and Probate team.