67% of Scots support intestacy law reform, shows Will Aid poll - now change could finally be coming

Under current rules, unmarried partners have no automatic right to inherit if their partner dies without a Will, leaving many in financially vulnerable situations.

Now, with the government confirming it will consult on reforming cohabitation laws this year, public support for change could soon translate into action.

A poll by Will-writing scheme Will Aid, which surveyed more than 2,000 people across the UK, showed the majority want intestacy laws to reflect modern relationships.

When asked if the law should be changed so there are legal protections for couples that aren’t married and don’t have a Will, 67% of people in Scotland agreed.

Nationally, the figures showed 65% of people agreed the law should be changed. And three-quarters of cohabiting couples surveyed were unaware of what would happen to their assets if they passed away without a Will.

Speaking to the House of Commons Justice Select Committee, Lord Ponsonby of Shulbrede, the minister in charge of family justice, marriage, and divorce, confirmed recently that a formal consultation will take place this year to "build public consensus on what cohabitation reform should look like."

This marks a shift from the previous government’s stance, which delayed reform until changes to marriage and divorce laws were completed.

Karishma Dimple Dhaliah-Haulkory, lead solicitor at Portway Solicitors, said: “Many of today’s laws were written in an era with more traditional views on relationships, often centring around marriage and nuclear families. However, modern relationships take many forms, including cohabiting partners, blended families, and same-sex couples.

“Legal recognition should extend beyond conventional definitions to provide equal protections for all individuals, regardless of how they choose to build their families. By adapting laws to reflect the reality of modern relationships, society can create a legal system that is more just, equitable, and responsive to the needs of the people it serves.”

The annual Will Aid campaign sees solicitors across the UK volunteering their time to write Wills throughout November, so it is an ideal time for people who are cohabiting to get their wishes professionally drafted in a legal document, which will help to protect their loved ones in the future.

Peter de Vena Franks, Campaign Director for Will Aid, said: "Our poll shows the majority of people in the UK want intestacy laws to reflect modern relationships. Cohabiting couples are the fastest-growing family type, yet they remain unprotected under the current system. With the government now looking at reform, we hope to see real progress. In the meantime, we urge people to protect their loved ones by making a Will."

Will Aid is a partnership between the legal profession and seven of the UK’s best-loved charities.

The initiative, which has been running for more than 30 years, sees participating solicitors waive their fee for writing basic Wills every November.

Instead, they invite clients to make an upfront donation to Will Aid – the suggested amounts are £100 for a single basic Will and £180 for a pair of basic ‘mirror’ Wills.

People can sign up to receive an email when the 2025 campaign goes live by visiting www.willaid.org.uk/early-bird.

Donations raised during the campaign are shared by Will Aid’s partner charities, which operate both here in the UK and around the world.

For more information on Will Aid and how to get involved visit www.willaid.org.uk