The rights of marital and marital-type relationships under intestate succession : a comparative study of Maltese, Dutch and English law

Abstract

Intestacy rules regulate the manner the property and debts of a deceased person devolve in the absence of a will. Socio-economic, socio-cultural and religious factors tend to influence the manner these rules are drawn. This study will outline and comment on the rights of succession of marital and marital-type relationships under English, Dutch and Maltese law also taking the above factors into account. Chapter 1 introduces the concepts of intestate succession, and marital and marital-type relationships under English, Dutch and Maltese law. It also gives a general overview of how and why traditional perceptions of marriage and the family have evolved over the last century, and to what extent this has affected the rules of intestate succession. Chapter 2 deals with the intestacy rights of the surviving spouse in the selected countries. The legislators in these countries have amended the intestacy rules to afford the surviving spouse greater rights to the estate of the deceased than originally entitled to. Chapter 3 discusses the evolution of the concept of a civil or registered partnership for couples and their intestacy rights under English and Dutch law. Chapter 4 then considers cohabitation. Dutch law was one of the first to regulate this union and provide a legal mechanism to give greater inheritance rights to surviving cohabitants. English law, though currently providing limited intestacy rights to cohabitants, will probably introduce more rights as recently proposed by their Law Commission. Chapter 5 looks at cohabitation and civil/registered partnerships in the Maltese context. In the absence of current legislation in these areas, this chapter focuses on the background and factors involved, and considers what could or should be included in eventual legislation in these areas.