14th July 2023

Changes to intestacy rules

On Fifth of July 2023, the Administration of Estates Act 1925 (fixed net sum) Order 2023 became law and is applicable.

Previously, if a person passed away without a Will in place or valid Will in place leaving a spouse or civil partner together with children who survived them, then that widowed spouse or civil partner would have received the first £270,000 worth of the deceased’s estate together with the deceased’s personal possessions. The widowed spouse or civil partner would also have been entitled to one half of the balance of the estate with the other half passing to the deceased’s children.

For deaths with those same relationship/familial circumstances as above occurring the 26th of July 2023, the amount passing to the spouse or civil partner will increase to £322,000. Otherwise, the entitlements remains as it was previously.

For any questions about entitlement under the intestacy rules for those persons who have already passed away and for whom a grant of representation has not yet been applied for, or for answers to the question as to who is able to act as administrator (and who is not), please contact one of our probate team on 01892 510 222.

Edward Walter

Edward Walter