Changes to the law of intestacy – But do they go far enough?

Lawyer Naomi Ireson considers changes to the intestacy rules

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THE REFORMS TO INTESTACY LAW

  1. Where somebody dies without a Will, leaving a spouse or civil partner but no children, their estate will pass to their spouse or civil partner in full.
  2. Where somebody dies without a Will leaving a spouse and children the rules have been amended so that the spouse inherits the first £322,000* absolutely. The balance will now be split equally with one half going to the spouse absolutely and the remaining half passing to the children in equal shares.
  3. A surviving spouse is now entitled to the deceased’s personal chattels and the definition has been amended to include ‘tangible moveable property’ except for property: (a) consisting of money or securities for money, (b) used at the death of the intestate solely for business purposes, (c) held at the death of the intestate solely as an investment.

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*NOTE: The statutory legacy has been increased to £322,000 as from 26 July 2023. Intestacy law is constantly evolving and it is therefore important that you speak to an expert lawyer for up to date advice

Changes to the law of intestacy – But do they go far enough?