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Over 31 million people in the UK run the risk of dying intestate. This means that an individual dies without making a Will and in such circumstances, their estate is distributed in accordance with the intestacy rules.

The Government aims to update intestacy rules every five years and its most recent change will see an increase to the statutory legacy amount to £270,000, up from £250,000. This increase is said to be in line with the consumer price index since October 2014, when the statutory legacy was last set. The latest change is due to come into force on 6^th February 2020.

The new change shall affect families where an individual dies intestate, leaving behind a spouse or civil partner and a child or children. In this scenario, the spouse/civil partner shall inherit the deceased’s assets up to the value of £270,000 (the new statutory legacy amount) together with all of their personal possessions (whatever their value). If the deceased’s estate assets are worth more than £270,000, then any excess is split 50/50 between the surviving spouse/civil partner and any children of the deceased.

Despite the increased benefit to bereaved spouses/civil partners, there remains a number of notable omissions from the order of entitlement to a Deceased’s intestate estate. You can find out who would inherit your estate if you were to die intestate by clicking on the following link: https://www.gov.uk/inherits-someone-dies-without-will

Simon Davis, president of the Law Society, stresses the importance of seeking expert advice when drafting a Will, saying: “Writing a legally valid Will with the help of an expert solicitor ensures people’s estate is inherited exactly as they would choose and can prevent a whole raft of problems landing on loved ones when they are grieving.”

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This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.