Nearly two-thirds of the public do not have a will, and a change in family relationships points to a need to amend the current intestacy rules, research has suggested.

A report by the National Centre for Social Research, conducted to provide the Law Commission with up-to-date information on public attitudes to the inheritance laws to assist its review of intestacy law, found that only 37% of 1,556 people surveyed had a will.

The research found strong support for the right of a surviving spouse to receive an inheritance, in line with current intestacy rules, with 80% saying that the surviving husband or wife should have priority over all other beneficiaries.

However, the research parted from the existing rules in relation to cohabiting couples, as it showed substantial support for the inclusion of cohabitants in the intestacy rules. More than half of respondents said a cohabitant should receive half or more of the estate in all circumstances. There was much less support for second spouses, however.

The study concluded: ‘On the whole, these laws have made a rather good job of [reflecting the importance of family relationships] for many years. They can continue to do so if they can be amended to take account of the more fluid, less formal ways in which people continue to build their family lives.’

The rules on inheritance and intestacy are based on legal acts from 1925 and 1975.