Statutory Legacy Increases on Death Without A Will
Published / Last Updated on 25/07/2023
Intestacy is when you die without a will, or your will has failed or is invalid. Where there is no will on death, you are deemed to have died intestate and the law takes over. Laws date way back to the 1880s, 1920s and more recently the Intestate Estates Act 1952, subsequently updated for England and Wales since then.
Different Rules
There are different rules and limits that affect England & Wales, Scotland, and Northern Ireland.
- Intestate, Married/Civil Partner with no Children there has been no change i.e., surviving spouse inherits all, see No Will & Not Married
- Intestacy and Married/Civil Partner with Children see: No Will Married, Children has now changed, see below:
Married/Civil Partner with Children - Recent Changes for England and Wales
The Statutory Legacy limit increases at Midnight tonight i.e., from 26th July 2023. This is the minimum that a surviving legal married spouse or civil partner can inherit when they have children.
- The first £270,000 of the intestate’s estate that goes to the surviving spouse/civil partner increases to £322,000 from midnight 26th July.
- Spouse still inherits goods and chattels (personal possessions).
- 50% of the remaining balance of the estate goes to children in equal shares (if more than one).
- 50% of the remaining balance of the estate goes to surviving spouse/civil partner.
Without a will, your surviving spouse or civil partner may not inherit all of your wealth. Talk to us about making a will to protect your loved ones.
How much does a will cost? See Wills & Probate
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