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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Proposed law regarding cohabitees and intestacy.

126 replies

marantha · 17/12/2009 08:50

AIBU in thinking that the proposal put forward by the Law Commission to make a cohabitee AUTOMATIC next-of-kin* in the event of their partner dying intestate is one step too far and an invasion of people's right to a private life?

  • I stress that this is NOT an attack on cohabitees AND that I believe that people should be allowed to leave what they want to whoever they please-cohabitee or not- PROVIDED THEY EXPLICITLY STATE IT IN WRITING.
OP posts:
ooojimaflip · 17/12/2009 15:43

Anyone who cares about the issues is able to make arrangements as they see fit. Anyone who doesn't will have the decision made for them by the state.

Seems fair enough to me.

marantha · 17/12/2009 15:44

oojimaflip, Agreed 100% make a fucking will- everybody married or not should, but the whole point of this thread is that people who cohabit sometimes don't hence proposals to "protect" them which may infringe on the rights of cohabitees who don't wish their partner to be NOK.
It's OK saying that everyone should make a will but they don't.

OP posts:
Morloth · 17/12/2009 15:44

So that's it for just shacking up for a few years here and there? Seems a shame.

ImSoNotTelling · 17/12/2009 15:46

oojimaflip how would you define cohabitee?

StewieGriffinsMom · 17/12/2009 15:46

This reply has been deleted

Message withdrawn

marantha · 17/12/2009 15:47

This is an issue that goes to the heart of how much right the state has to interfere in people's private lives. Can no-one else see this?

OP posts:
WilfSell · 17/12/2009 15:47

Are you a man, perhaps, marantha?

ooojimaflip · 17/12/2009 15:48

Marantha - no they can't because it isn't.

ImSoNotTelling · 17/12/2009 15:49

For the purposes of this legislation I mean

ooojimaflip · 17/12/2009 15:50

Marantha - the current situation infringes the rights of co-habitees who DO want to be considered next of kin.

marantha · 17/12/2009 15:50

Fine, StewieGriffithsMom, if you wish to live in a country where the government has the right to question your intimate sex life with another person so be it. I assume you would have no problem with CCTV cameras in your bedroom, either.
This thread is NOT ridiculous. It is dealing with an issue which is very relavent to the times in which we live.

OP posts:
marantha · 17/12/2009 15:51

oojimaflip, then may I suggest they get off their backsides and make it explicit on paper so the rest of us don't have to be married by default?

OP posts:
marantha · 17/12/2009 15:52

WilfSell, No, I am not. Why do you ask?

OP posts:
ooojimaflip · 17/12/2009 15:53

ImSoNotTelling - I don't know. I am not a lawyer. I don't think it especailly matters as long as everyone understands it. In fact withour a definition this whole thread is even more pointless.

ooojimaflip · 17/12/2009 15:54

Marantha - if you don't want to be married get off your backside and do something about it.

ooojimaflip · 17/12/2009 15:56

As I said before -

"
Anyone who cares about the issues is able to make arrangements as they see fit. Anyone who doesn't will have the decision made for them by the state.

Seems fair enough to me.
"

This is the case whichever way the law goes. All you are changeing is the group that may have to do something.

ImSoNotTelling · 17/12/2009 15:57

I think though that there must be more people who would not want this than who would, if you are going to include everyone who doesn't have children.

I also don't think everyone would understand it. The situation at the moment is quite straightforward and no-one seems to understand that IYKWIM.

ImSoNotTelling · 17/12/2009 16:00

link

now to read it

marantha · 17/12/2009 16:00

oojimaflip, Are you actually British? If you are not let me explain: in our fair country, you are deemed to be a single person until you explicitly express otherwise by marrying.
This is deemed fair and proper by everyone until now it seems.
My marital status is nothing to do with you, but I shall tell you anyway. I am married and I am married because I don't want there to be any confusion if my spouse and I were to die.
If I did not wish to be married but "as married", I would make a will EXPLICITLY outlining my wishes were I to die.
I would not expect the state to pass ridiculous laws so that I, as a cohabitee, should be protected at the expense of those who wish to live together no-strings-attached.
Clear?

OP posts:
ooojimaflip · 17/12/2009 16:02

ImSoNotTelling - I think it should come down to what the majority of people in the situaion want - I guess somwone should find out what that is

Your right - people don't understand the current system, and wouldn't understand any changes.

The best thing to do is to leave it the hell alone.

But either way, it is not a feminist, state control, religous or even much of an issue at all.

Whichever way the law goes people will be able to do whatever the hell they like.

ooojimaflip · 17/12/2009 16:03

I just had to go back and change all the 'hecks' to 'hells'. I don't know what I was thinking.

ImSoNotTelling · 17/12/2009 16:04

Oojimaflip the problem with doing it your way is that loads of very young people who move in together will have to do the pieces of paper. And of course they won't, as they are young, don't have money for solicitors, have no sense of their own mortality etc.

Whereas people who have children hopefully are a bit more stable and responsible, and are therefore in more of a position to think about this stuff, to understand its importance and do something about it.

And as things stand, if there is no will, the children inherit, and I can't see how that is a bad thing.

ImSoNotTelling · 17/12/2009 16:06

you thought you were on netmums

ooojimaflip · 17/12/2009 16:09

marantha - I am also married and British (I didn't ask you btw - maybe some one else did). I just don't think this law is worth getting worried about.

It's unnecesery, probably a waste of time and money, but doesn't change anything for anybody who is bothered about it.

Go and get angry about defence procurement, inefficiencies in the NHS, or management of the public debt. People die because of these things.

ooojimaflip · 17/12/2009 16:10

ImSoNotTelling - as IF I would go on netmums ;)