Solihull: 0121 705 7571
Dorridge: 01564 779393

Increases to the statutory legacy.

November 27, 2023

The Government has recently announced an increase to the Statutory Legacy, up to £322,000 from the previous £270,000 which took affect on the 26th July 2023.

What is the Statutory Legacy?

If you die without a Will, you are deemed to have died intestate, and your estate will be distributed in accordance with the intestacy rules.

Married couples or civil partners who do not have children inherit the while of their deceased spouse’s or civil partner’s estate, including all personal property and belongings.

If the deceased has children, their spouse or civil partner will inherit all personal belongings and property. They will also inherit a fixed sum from the estate, which is known as the Statutory Legacy, which was set at £270,000 in January 2020 and has now increased to £322,000.

If an estate is equal to or more than the Statutory legacy, any value over this sum will be split, with half going to the spouse and half to any children.

What does this mean for me?

The change means the amount passing directly to a spouse or civil partner has increased. It is believed that only a small proportion of adults in the UK have made a Will and therefore the intestacy rules will apply to most estates. By increasing the legacy to £322,000 this will help simplify the administration of many intestate estates, where the value is less than or equal to the statutory legacy, as it will all pass to the surviving spouse or civil partner.  

Whilst the statutory legacy has increased over time with inflation and is welcomed by many, this is by no means a replacement for having a valid Will. With a valid Will you are able to ensure anyone who you wish to benefit will, and that any specific legacies or gifts that you have in mind will be adhered to. The intestacy rules do not provide for cohabitees, or unmarried partners, so it is important that you make a Will to provide for specific people.

If you have any further questions or would like to instruct us to make a Will on your behalf, please call our Solihull office on 0121 705 7571 or our Dorridge office on  01564 779393.

This article is for general information purposes only. It does not constitute technical, financial, legal advice or any other type of professional advice and is no substitute for specific advice based on your individual circumstances. We do not accept responsibility or liability for any actions taken based on the information in this article. For more information, please click here.