Why do the current laws need updating?
Professor Elizabeth Cooke: When people die without a will (the legal term is an ‘intestacy’), anything they own is distributed among family members according to the intestacy rules. These rules date back to 1925 and, although they have been periodically amended over the years, still reflect some of the social conditions and attitudes of a different era. Even if there is a will, it can be challenged if it fails to make reasonable provision for certain family members and dependants. The family provision legislation has been around since 1938 and the current statute dates back to 1975, so the time has come for a comprehensive review. When the Ministry of Justice consulted on just one aspect of the intestacy rules in 2005, many consultees called for a review of the law of intestacy and family provision. The Law Commission was asked to take on this task. Our project aims to bring the law up to date to reflect modern family structures and patterns of property ownership. We also want to simpl
