The ‘typical’ UK family has undergone a massive change since the 1975 Act was brought in. A combination of people waiting longer until they marry, or eschewing marriage completely (particularly if they have already been divorced from a previous marriage), means that there has been an explosion in the number of cohabiting couples.
Between 1996 and 2021, there was a 144% increase, from 1.5 million to 3.6 million cohabiting couples*. That means that more than one in five couples are now cohabiting. But, has the law kept up to date with these societal changes?
A cohabitee has no rights under the laws of intestacy (i.e. when a person dies without leaving a Will). Given that cohabitees are likely to be younger, and young people are less likely to have a Will, this means that they are particularly at risk of not being provided for by a partner’s estate. In such a situation, their only recourse is to make an Application under the 1975 Act – something that has only been possible since an amendment to the 1975 Act was introduced in 1995.
In order to qualify as a cohabitee, you must have been living in the same household as the deceased as though you were married (or civil partners) for at least two years before the date of death. But again, society has changed dramatically even since the 1995 Amendment was introduced. It is now not uncommon for people to be in a long term relationship but each own their own properties (particularly if the relationship has begun later in life), to be living in different areas of the country because of work commitments or to still be living with parents because the couple is unable to afford to live together.
We would not dispute that such people were in a long-term relationship, but would the law consider them as cohabiting? The answer is, of course, fact specific, but there have been some useful examples from the courts as to what classes as ‘living in the same household’. For instance, it has been held as not being the same as ‘living under the same roof or place’, but, instead, the court will consider the totality of the relationship, whether it was public knowledge and what the parties’ intentions were.
Despite this less rigid interpretation of ‘living in the same household’, it still remains the case that it is an additional hurdle to overcome that does not apply in the case of a marriage or a civil partnership. And with more and more people cohabiting, it is only going to become more of an issue as time goes by.
If you are in such a situation, our specialist Will, Trust and Estate Disputes team has the knowledge and experience to advise you and guide you through making such a claim.
For further information about how we can help you with an Application under the 1975 Act, please get in touch today.
*Source: https://commonslibrary.parliament.uk/research-briefings/