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New Intestacy Rules

Posted on Thursday, 15 October 2009 11:35AM by TR
From 1st February 2009 the law has changed the amounts that are distributed where a person dies intestate, ie without leaving a will.

Where the deceased leaves a spouse, civil partner and children, the surviving spouse will receive all the estate up to £250,000 (plus personal possessions). The remainder is divided with one half going to any children and the other half being left so that the surviving spouse receives an income and the capital on their death passing to the children.

Where the deceased leaves spouse/civil partner but no children, then the spouse will receive the first £450,000 (plus personal possessions).  The remainder will be split with half going to the spouse and the other half to the deceased’s parents. If there are no parents then a specified order of relatives will be used, otherwise the surviving spouse will receive the whole estate.

If there is no spouse or civil partner but a surviving unmarried or unregistered partner they are entitled to absolutely nothing.

If there are children but no spouse then they receive the whole estate. Otherwise the estate will pass to the parents or relatives of the deceased.

It is vital that a valid Will is put in place to ensure that an estate is directed according to your wishes.

Please
contact us if you would like to discuss any of the above. We can put you in touch with reputable local firms of solicitors to assist you with your Will preparation.