Jennifer Dinsdale
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Date Published:23 Jan 2020 Last Updated:25 Oct 2021

Increase to Spouses and Civil Partners Statutory Legacy in Intestate Estates

Wills, Trusts & Probate

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.