At the time, the Act was revolutionary. For the first time, it recognised that surviving spouses – particularly women – deserved a fairer share of an estate, helping to prevent many from falling into financial hardship.
The Act made the law fairer, but 50 years on, does the legislation still meet the needs of families today?
A radical shift in inheritance law
Before 1975, surviving spouses – often widows – could be left in precarious financial positions. Many were forced to sell the family home or rely on relatives for support.
The 1975 Act changed that. For the first time, it recognised that a surviving spouse should not be worse off after death than they would have been in divorce. This principle, which evolved into what is now known as the ‘sharing principle’, meant that widows and widowers were entitled to a fair share of marital assets, rather than just maintenance payments from the estate.
The reforms also extended rights to adult and unmarried children who had previously been excluded.
The legislation had a huge practical impact on the living standards of surviving spouses and brought much-needed fairness to inheritance law.
Why the law may no longer fit today’s families
The 1975 Act modernised inheritance law in an era when marriage was the dominant family structure. Today, the picture looks very different.
According to 2021 Census data, 24.3% of UK couples are now cohabiting, reflecting a steady move away from traditional marriage. Yet under current inheritance law, unmarried partners remain at a disadvantage.
If a cohabiting partner dies without leaving a Will, their surviving partner is not automatically entitled to any share of the estate. In many cases, they must go to court to make a claim – a stressful and uncertain process. Sadly, this means that long-term partners can be left without a home or financial security, even after decades together. It’s an area where reform is long overdue.
Blended families and young children
Today, many families include children from previous relationships, which can make inheritance far more complex.
Under current rules, if someone dies without leaving a Will, the first £322,000 goes to the surviving spouse, and the rest is divided between the spouse and the deceased’s children. In blended families, this can lead to difficult outcomes – particularly where there are young children who cannot make a claim themselves.
At TWM, we believe reforms should better protect dependent children in these circumstances and reflect the diversity of family structures seen today.
Why careful estate planning remains essential
The 1975 Act was transformative in its time, but modern life is much more complicated. Cohabiting partners, blended families, and complex financial arrangements can make it risky to rely on outdate laws.
The best way to protect your loved ones remains a well-drafted Will that clearly reflects your wishes and reflects your family’s circumstances. Without one, your loved ones may face unnecessary uncertainty or even legal disputes at an already difficult time.
How TWM can help
At TWM, our specialist Will, Trust and Estate Disputes and Private Client teams advise individuals and families on all aspects of inheritance law – from drafting and updating Wills to resolving disputes and making claims under the 1975 Act.
We understand the emotional and financial complexities that can arise after a death and work to ensure that our clients’ interests are protected with sensitivity and expertise.
If you would like to discuss your estate planning or have concerns about your entitlement under a Will or estate, please contact our Will, Trust and Estate Disputes team today.
