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ARTICLE · 25 JULY 2012

Potential Important Changes To Inheritance Laws

Hugh James
Hugh James
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Two draft bills published by the Law Commission could potentially change the rules that apply to the distribution of the estate of a person who dies intestate, that is, without a will.

United KingdomFamily and Matrimonial
Matthew Evans
Matthew Evans
Law Commission bills propose changes to spouses' and cohabitees' rights to inherit on intestacy

Two draft bills published by the Law Commission could potentially change the rules that apply to the distribution of the estate of a person who dies intestate, that is, without a will. The main changes will affect spouses and co-habitants' rights to inherit.

If a person dies intestate leaving a spouse or civil partner but no "issue" (children or, failing that, grandchildren etc) and if that person also leaves surviving parents or siblings, under the current law, the surviving spouse receives only the first £450,000 of the estate plus any personal property. The rest is then divided equally between the spouse in one share and the parents of the deceased in the other or, if there are no surviving parents, the deceased's siblings. 

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