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What is a Statutory Legacy?

When a person passes away without a valid Will, they are said to have died "intestate". In such cases, the distribution of their assets is determined by law rather than personal wishes. If you die intestate and leave behind a spouse or civil partner along with children, the "statutory legacy" comes into play. This means your surviving spouse or civil partner is entitled to a set amount from your estate first, with the remainder being shared according to legal guidelines.


On the 27th July 2023, the statutory legacy was increased from £270,000 to £322,000.

Order of Entitlement


The question of who will inherit the deceased person’s estate will depend on which family members have survived them.


They are survived by a spouse or civil partner, but no children

The spouse or civil partner will inherit the entire estate.


They are survived by a spouse or civil partner and children

The spouse or civil partner will inherit the following:


  • All of the deceased’s personal possessions;

  • Up to the value of £322,000 (this is known as the ‘statutory legacy’), plus interest thereon; and

  • Half of the remainder of the estate over this value.


The children of the deceased will inherit the following:

  • Half of the value of the estate over £322,000.


NOTE: The deceased’s spouse or civil partner must survive them by a minimum of 28 days in order to inherit under the intestacy rules. If they do not survive at least 28 days, then the intestacy rules will be applied as if the deceased’s spouse or civil partner had died before them.


The Importance of Wills


Relying on intestacy laws may not reflect your personal wishes. To ensure your estate is distributed according to your intentions, it is crucial to create a valid Will.


It’s especially important to be aware that if you are living with a partner but are not married or in a civil partnership, you have no automatic right to inherit their estate—no matter how long you have been together or whether you have children.


By making a legally valid Will, you can clearly set out who you want to benefit from your estate, helping to secure your family's future and giving you peace of mind.


If you would like to discuss making a Will, estate planning or administration please do not hesitate to contact our specialist Wills and probate team on 01685 37 37 21.

 
 
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