Statutory Legacy increase – what it means if your partner dies without making a Will

With effect from 1 February 2009, the Government has increased the statutory legacy on intestacy to spouses and civil partners. The old levels were £125,000 if there were children and £200,000 if they had no children. The new levels are £250,000 if there were children and £450,000 if they had no children.

Briefly, this means that if your spouse or civil partner dies without making a will

• and they had children, you will only receive their entire estate if it is worth £250,000 or less;

• and they did not have children, you will only receive their entire estate if it is worth £450,000 or less.

If your spouse or civil partner’s estate is worth more than the statutory legacy, then you will receive the statutory legacy plus a life interest in half of the rest of the estate.

If you are co-habiting but are not married or have not registered a civil partnership, your partner may get nothing after your death. Step-children are not provided for under intestacy rules even if they were sharing a home with your own children.

The best way of ensuring that your estate is distributed how you want is to make a Will. To make an appointment, call 01858 445493 now or complete one of the on-line forms. You can make an appointment at our Market Harborough, Wigston or Uppingham Road, Leicester branches or we can arrange a home visit.