Government is moving to change the law to give persons in common-law unions for five years the same privileges as a widow or widower, where their partner has died without making a will.
The Civil Law (Rights of Persons in Common Law Union) Bill 2012 was tabled on Wednesday by Attorney General Anil Nandlall. It will be the subject of debate at a later date.
According to its explanatory memorandum, the Bill seeks to provide for the rights of persons in a common law union “in intestate succession.”
Clause 2 of the Bill provides that a single woman living with a single man in a common law union for not less than five years or vice versa to “have the same power and rights regarding intestate succession under the law as a widow or widower or a surviving spouse. However, only one such union shall be considered for any benefit.”
Additionally, Clause 3 amends section 2(6)(a) of the Family and Dependants Provision Act, to qualify a common-law spouse based on co-habitation for five years immediately preceding their partner’s death.
