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Statutory Legacy on Intestacy Increased by £20,000

Statutory Legacy on Intestacy Increased by £20,000

The government has increased the statutory legacy payable to spouses and civil partners on intestacy from £250,000 to £270,000 for deaths on or after 6 February 2020.

If an individual dies intestate (without having made a valid Will) leaving a spouse or civil partner but no children, the spouse or civil partner inherits the entire estate.

If an individual dies intestate leaving a spouse or civil partner and children, the spouse or civil partner receives the deceased’s personal chattels, a statutory legacy of £270,000 and half of the remaining estate. The other half of the remaining estate passes to the deceased’s children.

Previously, where an individual died intestate on or after 1 October 2014 but before 6 February 2020 leaving a spouse or civil partner and children, the spouse or civil partner received the deceased’s personal chattels, a statutory legacy of £250,000 and half of the remaining estate. The other half of the remaining estate passed to the deceased’s children.

Whilst this increase is welcome news for spouses and civil partners, it must be remembered that the intestacy laws are inflexible and make no provision for unmarried couples, friends or charities. The only way to ensure provision for such parties is to make a valid Will which also provides an opportunity to consider Inheritance Tax planning in appropriate cases.

Next steps

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