Administration of estates - review of the statutory legacy
Status: Closed - with response
Open date: 07 June 2005
Close date: 07 September 2005
Responses published: 28 August 2008
A review of the amount of the lump sum payable to a surviving spouse on the distribution of an intestate person's estate
This consultation sought views on two main issues:
- Should the present levels of statutory legacy, payable to a surviving spouse or civil partner from the estate of his or her spouse or civil partner dying intestate, be increased?
- Should the law of intestacy be reviewed?
There were 33 responses to the consultation. Respondents generally supported an increase in the levels of the statutory legacy. Having considered the views expressed, the government has decided to increase the levels of the statutory legacy from £125,000 to £250,000 where the deceased leaves a spouse or civil partner and children and from £200,000 to £450,000 in other cases.
Respondents overwhelming agreed that a fundamental review of the law of intestacy should be undertaken. The Law Commission will review the law of intestacy as part on its Tenth Programme of Law Reform (2008-11).
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Civil Law and Justice Division
Ministry of Justice