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Family Law

The leading authority on all aspects of family law

28 AUG 2008

Spouses and civil partners to receive more when partner dies intestate

Married couples and civil partners whose spouse or civil partner dies without leaving a will are to benefit from an increase in the statutory legacy under proposals published by the Government today.

The Government has acted after concerns that the levels of the statutory legacy, currently set at £125,000 and £200,000, were too low.

The statutory legacy is the amount payable to a surviving spouse or civil partner from the estate of his or her spouse or civil partner dying intestate. It is currently set at £125,000 where the deceased leaves a surviving spouse or civil partner and children, and £200,000 where the deceased leaves a surviving spouse or civil partner and parents or siblings, but no children.

From the 1 February 2009 the new levels of the statutory legacy will increase to £250,000 and £450,000.

Justice Minister Bridget Prentice said: This increase will give extra protection to married couples and civil partners whose spouse or civil partner dies without making a will. But it also highlights how important it is for both men and women to make arrangements for their loved ones in the event of their deaths.

"Married couples and civil partners should not assume that when their spouse or civil partner dies, they will automatically be entitled to everything. It is up to individuals to make sure that their wishes are respected by making a will.

"My message to people is, don't leave it to chance. Make sure your loved ones are properly provided for by leaving a will."

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