0800 731 5821

Legacy increase helps married couples but not cohabitants

The government has increased the amount a surviving spouse can automatically inherit if their partner dies intestate…that is, without having made a will.

The figure rose from £250,000 to £270,000 in February. It comes into effect if the deceased person had a spouse and children but didn’t leave a will saying how the estate should be divided. In those circumstances, the surviving partner receives £270,000.

The rest of the estate is divided between the surviving spouse and the children.

If there are no children, the spouse inherits all the estate. If a person dies without having a spouse or children, their estate passes to their parents if they are still alive, or to other relatives in a way laid down by law.

This system also applies to people in civil partnerships. However, it doesn’t apply to cohabiting couples who are not married or in a civil partnership. This leaves cohabitants at risk if their partner dies without making a will. It means they could be left with nothing while the deceased’s estate passes to family members, sometimes quite distant, who the deceased may have hardly known or even liked.

Simon Davis, president of the Law Society, said: “This increase is very welcome, but many people are unaware that under intestacy laws, unmarried partners and close friends cannot inherit.”

‘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.”

Married couples should also make a will and keep it up to date as it is the only way to ensure their estate is passed on exactly as they would like.

Please contact us if you would like more information about the issues raised in this article or any aspect of wills and probate.