What is Statutory Legacy?
When someone dies without leaving a valid Will in England or Wales, their Estate is distributed according to the Rules of Intestacy. The Statutory legacy is one of the Rules of Intestacy which comes into force when a deceased person is married with children from that marriage. It is a fixed sum of money that a surviving spouse is entitled to before the remainder of the Estate is divided equally between the spouse and the children. It is a crucial safeguard for the family members of the deceased, especially when no formal Will sets out the wishes of the deceased person.
Understanding how the Statutory Legacy works is imperative, both when planning your own Estate distribution and when understanding what you may be entitled to from relatives. To ensure that your assets are passed to your loved ones in the way you intend when your time comes, read more about making a Will or setting up Lasting Power of Attorney.
The Current Statutory Legacy Amount
The Statutory Legacy is the sum that a surviving spouse or civil partner is eligible to receive from the Estate in cases where the deceased has passed on intestate (without making a Will), with children.
As of 2025, the statutory legacy amount is £322,000.
On the 27th July 2023, the Statutory Legacy increased in England and Wales from £270,000 to £322,000. This means a surviving spouse or civil partner is now entitled to an additional £52,000.
What happens when you die without leaving a Will?
If you die without leaving a valid Will, your Estate is distributed according to the Rules of Intestacy. This is a strict framework that decides who inherits, and in what order. These rules don’t take into account personal relationships, financial needs or your wishes. Only certain relatives can inherit, and unmarried partners, stepchildren and friends aren’t entitled to anything under Intestacy Law. To ensure any unmarried partners, step-children or non-relatives are provided for, you must outline your wishes in a valid Will.
The Statutory Legacy applies in situations where the deceased person is married with children, and has not left a valid Will.
Who is entitled to the Statutory Legacy?
The Statutory Legacy means that if you are married or in a civil partnership with children, your surviving spouse will automatically be entitled to inherit your personal possessions, plus a fixed sum of £322,000 (for deaths on or after 27th July 2023). Anything remaining is then split between this spouse and any children.
Understanding how the rules work and how they may affect your loved ones is essential to avoid unwanted outcomes. If you are concerned about what will happen to your Estate when you pass away, or you are a relative who is unsure of their rights, speaking to one of our experienced intestacy solicitors will help with your understanding and confidence.
Common Scenarios
The Statutory legacy only applies in the specific circumstances of a married person with children from that marriage passing away without a valid Will. In many cases, different family dynamics mean the Estate is divided in other ways under the Rules of Intestacy. Some examples of situations which would not include Statutory Legacy include:
- No children, but surviving spouse/civil partner: The spouse would inherit everything.
- Unmarried partners: Regardless of whether an unmarried couple have children or not, the unmarried partner is not entitled to any share of the estate under the Intestacy Rules. If they have children, they would inherit equally, bypassing their other parent.
- Unmarried person with no children: According to the Rules of Intestacy, the estate goes to the next closest relatives in this order:
- Parents
- Siblings (or their children if deceased)
- Half-siblings
- Grandparents
- Aunts and uncles
- Half-aunts and uncles
If no relatives are found, the estate goes to the Crown (known as bona vacantia).
How to protect your assets
The best way to ensure your assets go to the people you choose is to make a valid Will. Whether it’s your unmarried partner, step-children, friend, carer, or a charity close to your heart, the only way to ensure that these people receive anything from your Estate is to write a valid Will naming your beneficiaries. Intestacy Rules are rigid and don’t reflect modern family situations, meaning loved ones can easily miss out. A valid Will gives you control and avoids any confusion and disputes when the time comes.
How Eric Robinson Solicitors can help
Losing a loved one is always tough. When they pass on without making a Will, it can make that situation harder, as it can put an unwanted strain on family relationships.
At Eric Robinson our expert solicitors can talk you through the Rules of Intestacy, offering sensitive support throughout the process.
Our solicitors are experts in Intestacy Law, Will Writing and Estate Planning. We’re here to offer family members legal advice they can count on.
We have solicitors’ offices in Southampton, Hedge End, Chandlers Ford, Winchester, Lymington and Richmond-Upon-Thames.
