A
BILL
TO
Make provision about the property of deceased persons who are survived by a
cohabitant.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
(1)
Section 46 of the Administration of Estates Act 1925 (succession to real and
personal estate on intestacy) is amended as follows.
(2) In subsection (1)(i) (cases where the intestate leaves a spouse or civil partner)—
(a)
5in the words before the Table, for “or civil partner,” substitute “, civil
partner or qualifying cohabitant,”, and
(b) in the Table—
(i)
for “the surviving spouse or civil partner”, where first
occurring, substitute “the surviving spouse, civil partner or
10qualifying cohabitant (“the survivor”)”, and
(ii)
for each subsequent occurrence of “the surviving spouse or civil
partner” substitute “the survivor”.
(3)
In subsections (1)(ii) to (v) and (2A) to (4) (which make further provision about
the rights of spouses, civil partners and others on intestacy) for “or civil
15partner” (in each place) substitute “, civil partner or qualifying cohabitant”.
(4) After subsection (2A) insert—
“(2B)
Where an intestate and the intestate’s spouse or civil partner have died
in circumstances rendering it uncertain which of them survived the
other, this section has effect as if the intestate did not leave any
20qualifying cohabitant.”
(5) After subsection (4) insert—
“(5) A person is a qualifying cohabitant in relation to an intestate only if—
(a)
the intestate was neither married nor in a civil partnership
immediately before death, and
Inheritance (Cohabitants) BillPage 2
(b) the first or second condition is met in relation to the person.
(6)
The first condition is that during the whole of the period of five years
ending immediately before the intestate’s death the person was living
as the intestate’s spouse or civil partner and in the same household as
5the intestate.
(7) The second condition is that—
(a)
the person is the other parent of a child of the intestate born on
or before the date of the intestate’s death,
(b)
at that date the child is living in the same household as the
10person, and
(c)
during the whole of the period of two years ending immediately
before the intestate’s death the person was living as the
intestate’s spouse or civil partner and in the same household as
the intestate.”
(1)
Schedule 2 to the Intestates’ Estates Act 1952 (rights of surviving spouse or civil
partner as respects the matrimonial or civil partnership home) is amended as
follows.
(2) Before paragraph 1 there is inserted—
“A1
(1)
20This Schedule applies where a person dies intestate and leaves a
spouse, civil partner or qualifying cohabitant.
(2) In this Schedule—
“qualifying cohabitant” has the meaning given by section 46(5)
of the principal Act;
25“the survivor” means the surviving spouse, civil partner or
qualifying cohabitant.”
(3)
In paragraphs 1 to 6, for “the surviving spouse or civil partner” (in each place)
there is substituted “the survivor”.
(4)
In paragraph 6(2) for “a surviving spouse or civil partner” there is substituted
30“a surviving spouse, civil partner or qualifying cohabitant”.
(5) For the title there is substituted—
In section 1 of the Inheritance (Provision for Family and Dependants) Act 1975
for subsections (1A) and (1B) (certain persons entitled to apply for provision)
there is substituted—
“(1A)
This subsection applies to any person who during the whole of the
40period of two years ending immediately before the date when the
deceased died was living—
(a) as the deceased’s husband or wife or civil partner, and
(b) in the same household as the deceased.
Inheritance (Cohabitants) BillPage 3
(1B)
This subsection applies to a person who is the other parent of a child of
the deceased if at the date when the deceased died the person was
living—
(a) as the deceased’s husband or wife or civil partner, and
(b) 5in the same household as the deceased.
(1C) The reference in subsection (1B) to a child includes—
(a) a child born alive who died before the deceased, and
(b)
a child en ventre sa mere at the date of the deceased’s death
(whether or not the child is subsequently born alive).
10(But this does not affect the generality of the definition of “child” in
section 25(1)).”
The Schedule to this Act, which makes minor amendments and amendments
consequential on other provisions of this Act, has effect.
(1) This Act may be cited as the Inheritance (Cohabitants) Act 2012.
(2)
This section comes into force on the day on which this Act is passed, but
otherwise this Act comes into force on such day as the Lord Chancellor may by
order made by statutory instrument appoint.
(3)
20An order under subsection (2) may appoint different days for different
purposes.
(4)
This Act applies only in relation to deaths occurring after the coming into force
of this Act (apart from this section).
(5) This Act extends to England and Wales only.
Inheritance (Cohabitants) BillPage 4
Section 4(1)
1 (1) The Administration of Estates Act 1925 is amended as follows.
(2)
5In section 47A (right of surviving spouse or civil partner to have own life
interest redeemed), in subsection (1) and the proviso to subsection (5), for
“or civil partner” substitute “, civil partner or qualifying cohabitant”.
(3)
In section 48(2) (powers of personal representative in respect of interests of
surviving spouse or civil partner) in paragraphs (a) and (b), for “or civil
10partner” substitute “, civil partner or qualifying cohabitant”.
(4) In section 55(1) (definitions), after paragraph (iv) there is inserted—
“(iva)
Qualifying cohabitant” has the meaning given by
section 46(5):”.
2
15In the Intestates’ Estates Act 1952, for section 5 (rights of surviving spouse
or civil partner as respects the matrimonial home) substitute—
The Second Schedule to this Act (rights of surviving spouse, civil
20partner or qualifying cohabitant as respects the home) has effect.”
3
In the Family Provision Act 1966, in section 1(1) (increase of net sum payable
to surviving spouse or civil partner on intestacy), for “or civil partner”
substitute “, civil partner or qualifying cohabitant (within the meaning given
25by section 46(5) of that Act)”.
4
In consequence of the amendment made by section 3, omit section 2(3) of the
Law Reform (Succession) Act 1995.
5 (1) 30Schedule 4 to the Civil Partnership Act 2004 is amended as follows.
(2)
In consequence of the amendments made by section 2 and paragraph 2 of
this Schedule, omit paragraph 13.
(3) In consequence of the amendment made by section 3, omit paragraph 15(5).