Probate and Will, Trust & Estate Disputes

Publish date

6 July 2023

How have intestacy rules changed?

On the 5 July 2023, the government passed The Administration of Estates Act 1925 (Fixed Net Sum) Order 2023.  If somebody dies without leaving a will (known as dying intestate), the law states how their estate will be divided amongst their surviving family.

If somebody dies leaving a spouse/civil partner and children, the spouse/civil partner receives a legacy of £322,000 plus the personal chattels.  The remaining estate is divided so the spouse/civil partner receives 50% and the children share 50% (in equal shares if there is more than one child).

For deaths before 26 July 2023, the legacy for the spouse/civil partner was £270,000 plus the personal chattels.

If you have any questions related to the rules that apply if someone dies without a will, you can find more information here, or please get in touch with one of our expert Probate team.

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