Increases in Statutory Legacies available to Spouses and Civil Partners under an Intestacy

If you are married or in a civil partnership and have not made a will, your surviving partner will now be entitled to a greater sum from your estate, known as a statutory legacy, as the Government introduced increases as from 1st February 2009.

The statutory legacy is increased to £250,000 from £125,000 for married persons or civil partners who leave children. The survivor takes the personal belongings first and then the statutory legacy. If there is any residue left, then half is left for the deceased's children until they are 18, and the income of the other half is held for the surviving spouse or civil partner for life and the children are entitled to the capital remainder.

For those who do not have children, the statutory legacy for the surviving spouse or civil partner is increased to £450,000, from £250,000. The personal belongings again are paid first, then the statutory legacy, and then the residue of the estate is left for the parents and then if there are no parents, then for deceased's siblings.

The changes to the intestacy rules do not take account of those cohabiting or in long term relationships, where they are unmarried or not in a civil partnership, even if they have children. Unfortunately this means that if a will has not been made, the surviving party will not be entitled to anything at all under the intestacy rules and may instead have to contemplate the stress of making a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

To avoid unexpected outcomes, uncertainty, and disappointment that can occur under an intestacy, it is important to make a will. By doing so, you can have peace of mind knowing that you have given full instructions having been advised of all of your options. If you have not made a will, or would like to review your existing will, please do not hesitate to contact me.

Graham Harvey
Solicitor, Private Client Group
E-mail: grahamharvey@cumberlandellis.com
Direct line 020 7674 0512