Other issues discussed are:

the statutory legacy for a surviving spouse where the deceased also left children or other relatives;

family provision claims by dependents or adult children under the 1975 Act;

family provision claims where the deceased did not live in England and Wales;

whether the rules should continue to distinguish between full siblings and half-siblings;

trusts for children.

The report stems from a Government Consultation in 2005, which concluded that a wide ranging review of intestacy and family provision was needed in both England and Wales and in Scotland. The Law Commission believes that family structures and property have changed so much that a re-examination of the 1975 Act is needed. According to official statistics, the number of cohabiting couples rose from 1.4 million in 1996 to 2.3 million in 2006, while the number of married couples fell by 4 per cent to 12.1 million.

A report and draft Bill are expected in late 2011.

Sources: Law Commission, Consultation Paper, The Times, Daily Mail