Proposed changes to the statutory legacy limits on Intestacy

As part of Rogers & Norton’s continuing drive to keep clients and professional contacts up to date with legal developments, we can advise that the Ministry of Justice has announced that as from the 1st February 2009 married couples/civil partners whose spouse/civil partner dies without leaving a Will, are set to benefit from an increase in the statutory legacy limits under proposals published by the government.

The limits are currently set at £125,000 where the deceased leaves a surviving spouse/civil partner and children, and £200,000 where the deceased leaves a surviving spouse/civil partner and parents or siblings, but no children. The limits have not been increased since 1993.

It is proposed that the new levels of the statutory legacy will increase to £250,000 and £450,000 respectively. The statutory legacy is the amount payable to a surviving spouse/civil partner from the estate of his/her partner who dies intestate, that is, without leaving a Will.

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 men and women to make arrangements for their loved ones in the event of their death.

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 the 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.”

Tom Lawrence, a solicitor in our Private Client Department, said “The amendments to the statutory legacy limits are a welcome change. However we strongly urge people against placing any reliance on these provisions and continue to advise all our clients that making a Will is a sensible and prudent step to take as soon as possible.”

If you have any queries on this subject please do feel free to contact our Private Client Department by either email to willsrogers-norton.co.uk or by telephone on 01603 666001.