Changes to the Intestacy Rules

NOTE: This article was first published in 2009 and reflects the intestacy rules as they were then. It is important to bear in mind that the intestacy rules are constantly evolving so it is vital that you take expert advice from a solicitor on the up to date position.

The Intestacy Rules that regulate the distribution of the estate of a deceased person who dies without a Will have changed. This is how the new Intestacy Rules will have effect.

If a person dies intestate with a surviving spouse or civil partner and children the new Intestacy Rules provide that the spouse/civil partner will be entitled to a £322,000 statutory legacy (previously £270,000), the deceased’s personal possessions and half of the residue of the estate.

The children will be entitled to the other half of the residue.

These recent changes to the Intestacy Rules highlight the particular need for unmarried couples or families with step children to make a Will as they are still not provided for under the intestacy provisions.

If you want to make a Will or contest the intestacy provisions applying to the estate of a loved one who has passed away then please contact us.

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