Jennifer Dinsdale

Chartered Legal Executive

DATE PUBLISHED: 23 Jan 2020 LAST UPDATED: 29 Nov 2022

Increase to Spouses and Civil Partners Statutory Legacy in Intestate Estates

Where an individual dies intestate, leaving a spouse or civil partner and children, the statutory legacy will increase from £250,000 to £270,000 from 6 February 2020.

A person is deemed to die intestate where they did not leave a valid Will. If a person dies without a Will and is survived by a spouse or civil partner and children, currently, the spouse or civil partner receives a statutory legacy of £250,000 and half of the rest of the estate. The other half is divided equally between their children. If the deceased did not leave any children then their entire estate will pass to their spouse or civil partner. Different rules apply if there is no surviving spouse or civil partner.

The increase is part of the government’s decision to raise the amount due to the spouse or civil partner of an intestate every five years. The current statutory legacy of £250,000 was introduced in October 2014 so was originally due to increase in October 2019 but will now take effect on 6th February 2020.

This highlights the importance of making a Will. With the expert guidance of a solicitor or legal executive an individual can ensure that the above scenario is avoided and that their estate is dealt with in accordance with their wishes, thereby avoiding the intestacy rules

If you require advice on intestacy rules, preparing or reviewing your Will, please contact our Wills, Trusts and Probate Department on 01202 525333.

How can we help?

When you submit this form an email will be sent to the relevant department who will contact you within 48 hours. If you require urgent advice please call 01202 525333.

Make an enquiry

Related news

5 minute read

Protecting the vulnerable: Addressing addiction, scams & financial exploitation

Read more
4 minute read

The Charities Act 2022 – Landmark legislation for Charity Law?

Read more
4 minute read

Probate Court Fees set to increase from May 2024

Read more
4 minute read

The Law Commission considers electronic Wills and predatory marriages – does the law need to change?

Read more