Married couples and civil partners whose spouse or civil partner dies without leaving a Will are to benefit from an increase in the statutory legacy under proposals due to take place on 1 February 2009.

Concerns had been expressed that the levels of the statutory legacy were too low, currently £125,000 where there are children and £200,000 where there are not.  The levels will now go up to £250,000 and £450,000 respectively.

Head of Probate and Trusts Department, John Benson commented:"The increase will give extra protection to married couples and civil partners whose spouse or civil partner dies without making a Will.  But it also highlights how important it is for both men and women to make arrangements through a carefully drafted Will for their loved ones in the event of their deaths."

"Married couples and civil partners should not assume that when their spouse or civil partner dies, they will automatically be entitled to everything.  Individuals should make sure that their wishes are respected by making a Will."