Inheritance (Cohabitants) Bill [HL]

Lord Marks of Henley-on-Thames Excerpts

Friday 19th October 2012 Lords Chamber

[Lord Marks of Henley-on-Thames]

My Lords, I am grateful to the House for permitting me to speak in the gap. I had not put my name down to speak because I was not clear that I could be here for the whole of the debate. I strongly support the Bill because it addresses a serious and important injustice, which is that under the present law cohabitants, on the death of their cohabiting partners, are left entirely without means of support.

I have listened carefully to the arguments against the Bill, particularly those put by the noble Baroness, Lady Deech. She argues, supported by a number of quotes, that there are many who choose to cohabit rather than marry, and many who would not wish their cohabiting partner to inherit. Such people can of course make a will, making it clear that they do not wish their cohabiting partners to inherit. What we are dealing with here, though, is the default position. Under the present law, a right of challenge or a right to apply for provision is available to people under the 1975 Act, and that will remain the position. However, when one is looking at what the default position should be, I entirely agree with the noble and right reverend Lord, Lord Harries of Pentregarth, that for most intestates, and for society in general, the first priority should normally be given to the relationship in which the deceased was living at the time of his or her death. The Bill, with its modest but important proposals, addresses that priority and gets it right.

I entirely accept the point made by the right reverend Prelate the Bishop of Manchester in suggesting that attention needs to be given to the needs of separating couples who cohabit. I accept that that needs to be answered, and indeed have made that position clear in this House before. I hope to introduce a Bill in due course that will give effect to the proposal of the Law Commission that there should be limited provision for cohabiting couples who separate in those circumstances. However, that is not the Bill before the House. This Bill addresses a limited but important proposal made by the Law Commission, and I urge the House to give it our support.