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Statutory Legacy: What Is It and How Much Is It?

· 21 min

Note: The following scenario is fictional and used for illustration.

Emma and David had been putting off making their will for years. When Emma died unexpectedly at 38 with a £280,000 estate—mainly equity in their family home plus some savings—David assumed he'd inherit everything as her spouse.

He was right. Under intestacy rules, David received the entire £280,000 because it fell below the statutory legacy threshold of £322,000. Their two daughters, ages 7 and 9, inherited nothing.

While this protected David financially, it wasn't what Emma had wanted. She'd told friends she wanted to leave £20,000 to each daughter for university. Without a will, her wishes meant nothing.

Nearly two-thirds of UK adults have no will, meaning statutory legacy rules apply to thousands of families every year. Understanding how the statutory legacy works could prevent your family from facing unintended consequences.

This guide explains exactly what the statutory legacy is, who receives it, and how it affects what your spouse and children inherit if you die without a will.

Table of Contents

What Is the Statutory Legacy in the UK?

The statutory legacy is the fixed amount a surviving spouse or civil partner automatically receives when someone dies without a will (intestate) and has children. Currently set at £322,000 as of July 26, 2023, it's the first portion of an estate that goes to the surviving spouse before anything is distributed to children.

This amount is governed by the Administration of Estates Act 1925, Section 46, which was updated by the Administration of Estates Act 1925 (Fixed Net Sum) Order 2023. The legislation exists to balance the financial needs of the surviving spouse against the inheritance rights of children.

Here's how it works: When someone dies intestate with both a spouse and children, the spouse receives:

  • All personal chattels (furniture, cars, jewelry, personal belongings—but not property or investments)
  • The statutory legacy of £322,000
  • Half of any remaining estate value above £322,000

The children receive the other half of the estate above the £322,000 threshold. If the estate is £322,000 or less, children receive nothing.

Claire, 42, died intestate with a £400,000 estate, leaving her spouse Tom and two children. Tom received all personal chattels plus £322,000 plus £39,000 (half of the £78,000 remaining after the statutory legacy). Tom's total inheritance: £361,000. The children split the other £39,000—receiving £19,500 each.

The statutory legacy determines the minimum amount spouses receive, protecting them from losing the family home or facing immediate financial hardship. But as you'll see, this protection creates unintended consequences for many families.

How Much Is the Statutory Legacy in 2025?

The statutory legacy is currently £322,000, effective from July 26, 2023. This represents a significant increase from the previous amount of £270,000 that applied from February 2020 to July 2023.

The increase was triggered by inflation. The Consumer Price Index rose by more than 15% between November 2019 and late 2022, which automatically required the Lord Chancellor to review the statutory legacy amount under the Inheritance and Trustees' Powers Act 2014.

Historical statutory legacy amounts:

Period Amount Increase
July 26, 2023 - Present £322,000 19.3%
February 6, 2020 - July 25, 2023 £270,000 8%
October 1, 2014 - February 5, 2020 £250,000 100%
December 1, 1993 - January 31, 2009 £125,000 -

The statutory legacy is reviewed every five years to account for inflation and property value changes. It can also be reviewed sooner if the Consumer Price Index increases by 15% or more since the last review—which is exactly what happened in 2023.

The next scheduled review is expected in 2025, which means the amount could increase again if inflation continues to affect property values and living costs.

Why does this matter? A higher statutory legacy protects spouses from losing the family home to intestacy complications. The average UK property price is £290,000 as of November 2024, meaning most family homes now fall below the statutory legacy threshold. But this also means children inherit nothing from typical estates—which we'll explore in detail.

Who Is Entitled to the Statutory Legacy?

Only legally married spouses or registered civil partners qualify for the statutory legacy. The deceased must have children for the statutory legacy rules to apply—if there are no children, different intestacy rules govern the distribution.

The spouse or civil partner must:

  • Be alive at the time of death
  • Survive the deceased by at least 28 days
  • Be legally married or in a registered civil partnership (separated spouses still qualify if not divorced)

Who does NOT qualify for the statutory legacy:

❌ Unmarried partners (cohabitees), regardless of how long you've lived together ❌ Ex-spouses who have divorced ❌ Stepchildren who haven't been legally adopted ❌ Foster children ❌ Fiancés or engaged couples

The exclusion of unmarried partners is particularly harsh. 3.6 million couples in the UK are cohabiting—representing 18% of all couples—yet none of them have automatic inheritance rights under statutory legacy rules.

Laura and Mark had been married for 12 years with one child when Laura died intestate with a £350,000 estate. Mark received the full statutory legacy of £322,000 plus £14,000 (half of the £28,000 remaining). Their child received the other £14,000. Mark's total inheritance: £336,000.

Compare this to Sarah and James, who lived together unmarried for 15 years with three children. Sarah died intestate with a £350,000 estate. James received nothing under intestacy rules—the entire estate was divided equally among their three children (£116,667 each). James, who owned the house jointly as tenants in common with Sarah, faced the prospect of either buying out his children's shares or selling the family home.

Many cohabiting partners mistakenly believe "common-law marriage" gives them inheritance rights—it doesn't. Common-law marriage does not exist in England and Wales. Living together for any length of time creates no automatic inheritance rights.

If you're unmarried, the statutory legacy offers you zero protection. Only a will can ensure your partner inherits.

How Intestacy Rules Divide Your Estate with Statutory Legacy

When the statutory legacy applies (intestate death with spouse and children), here's exactly how your estate is divided:

Step 1: Calculate the net estate Take all assets (property, savings, investments, personal belongings) and subtract all debts, funeral costs, and probate fees. This net figure is what gets distributed.

Step 2: Spouse receives personal chattels All personal possessions—furniture, cars, jewelry, clothing, family heirlooms—automatically go to the spouse. These don't count toward the statutory legacy amount.

Step 3: Compare net estate to £322,000 threshold

If the net estate is £322,000 or less:

  • Spouse inherits the entire estate
  • Children inherit nothing

If the net estate is more than £322,000:

  • Spouse receives £322,000 plus half of the remaining amount
  • Children split the other half of the remaining amount equally
  • Children's shares are held in trust until they turn 18

Michael died intestate, married to Lisa with one child. His estate: £280,000 (house equity £240,000, savings £40,000). Lisa inherited all £280,000. Their child inherited nothing. If Michael had wanted his child to inherit £50,000 for university, he needed a will.

Rachel died intestate, married to Tom with two children. Her estate: £600,000. Tom received £322,000 plus £139,000 (half of the £278,000 remaining above the threshold). Tom's total: £461,000. The two children split the other £139,000, receiving £69,500 each.

The statutory legacy creates a rigid formula that doesn't account for individual circumstances. You can't adjust the amounts to reflect your children's ages, needs, or your spouse's financial security. You can't leave specific gifts or protect vulnerable beneficiaries.

It's a one-size-fits-all approach that often doesn't fit anyone properly.

What Happens If Your Estate Is Less Than £322,000?

Here's the shock most parents don't see coming: if your estate is worth £322,000 or less, your children inherit nothing under statutory legacy rules. The surviving spouse receives everything.

For many UK families, this means children are entirely disinherited. The average UK house price is £290,000, and when you add savings and personal belongings, most estates fall below the statutory legacy threshold.

Most parents assume their children will inherit something even without a will. They're wrong.

Hannah and Ben owned their £260,000 house as joint tenants. When Hannah died, the house automatically passed to Ben via survivorship (not through intestacy). But if they'd owned as tenants in common with 50/50 shares, Hannah's £130,000 share plus £30,000 in savings would have created a £160,000 estate. Under statutory legacy rules, Ben would inherit all £160,000. Their child would inherit £0.

Karen died intestate, married to Paul with three children. Her estate was worth £300,000. Paul inherited all £300,000 under statutory legacy rules. The three children inherited nothing—no money for university, no help with first home deposits, no inheritance at all.

If Karen had created a will leaving £30,000 to each child (£90,000 total), Paul would still have received £210,000—more than enough to maintain financial security while ensuring the children received something.

The statutory legacy protects spouses but unintentionally disinherits children from modest estates. This isn't what most parents want, but without a will, it's exactly what happens.

Why Unmarried Couples Get Nothing Under Statutory Legacy Rules

The statutory legacy only applies to legally married spouses or registered civil partners. If you're not married, you have no automatic inheritance rights—regardless of how long you've been together or whether you have children.

Intestacy law treats unmarried partners as legal strangers. You could live together for 30 years, own a home together, raise children together, and still have zero claim to your partner's estate if they die without a will.

3.6 million couples in the UK are cohabiting, yet many don't realize they have no statutory legacy protection. Many cohabiting partners mistakenly believe they have the same inheritance rights as married couples—they don't.

Lisa, 38, and Jake, 42, lived together unmarried for 20 years with two children. They owned their house as tenants in common (50/50 shares). When Jake died with a £350,000 estate (his 50% house share worth £175,000 plus £175,000 in savings and investments), Lisa inherited nothing under intestacy rules.

The entire estate went to their two children—£175,000 each. Lisa suddenly faced an impossible choice: find £175,000 to buy out her children's share of the house, or sell the family home. At 38 with no inheritance and two grieving children to support, neither option was viable.

Sophie and Mark lived together unmarried for 8 years. Sophie had two children from a previous marriage. When Mark died intestate with a £350,000 estate, Sophie inherited nothing. Mark's elderly parents inherited everything under intestacy rules (when there's no spouse and no children, parents inherit). Sophie, who had contributed to the household for 8 years and cared for Mark during his illness, received nothing.

What can unmarried partners do?

✅ Make a will naming your partner as a beneficiary (£99.99 with WUHLD) ✅ Consider getting married or entering a civil partnership ✅ Understand you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975—but this is expensive, uncertain, and requires proving financial dependency

The harsh reality: living together for 20 years means nothing in intestacy law. Only a legal marriage or a will protects unmarried partners.

How Statutory Legacy Interacts with Inheritance Tax

The statutory legacy (£322,000) and the inheritance tax nil-rate band (£325,000) are separate thresholds serving different purposes. Many people confuse them, but they work independently.

Statutory legacy (£322,000): Determines what a surviving spouse inherits under intestacy rules when the deceased has children. Only applies to intestate estates.

Inheritance tax nil-rate band (£325,000): Determines whether an estate pays 40% inheritance tax on amounts above the threshold. Applies to all estates, whether there's a will or not.

Here's the key: transfers between spouses or civil partners are inheritance tax-exempt, regardless of amount. This means the statutory legacy a spouse receives doesn't trigger inheritance tax.

David died intestate with an £800,000 estate, married to Emma with two children. Under statutory legacy rules:

  • Emma received: £322,000 (statutory legacy) + £239,000 (half of the £478,000 remaining) = £561,000 total
  • Children split: £239,000 (£119,500 each)

For inheritance tax purposes:

  • Emma's £561,000 is completely exempt (spousal exemption)
  • The children's £239,000 is under the £325,000 nil-rate band (after applying Emma's unused allowance), so no IHT due

The residence nil-rate band (an additional £175,000 IHT allowance if the family home passes to children or grandchildren) doesn't apply to the statutory legacy received by the spouse. It can apply to the portion children inherit if it includes residential property.

Why this matters for estate planning:

Having a will allows inheritance tax planning—you can use both spouses' nil-rate bands strategically, take advantage of residence relief, make charitable gifts (which are IHT-exempt), or set up trusts to minimize tax.

Intestacy offers no flexibility. The statutory legacy distributes your estate according to a rigid formula with no regard for tax efficiency. While the spousal exemption protects most statutory legacy transfers, you lose opportunities to optimize your estate's tax position.

When the Statutory Legacy Doesn't Apply

The statutory legacy only applies in specific circumstances. Understanding when it doesn't apply helps you see the full picture of intestacy rules.

Scenario 1: No children If you die intestate with a spouse or civil partner but no children, the statutory legacy doesn't apply. Your spouse inherits your entire estate—all of it, regardless of value. No £322,000 threshold, no splitting with anyone.

Emma died intestate, married to Paul, no children. Estate: £500,000. Paul inherited all £500,000. Simple distribution.

Scenario 2: No spouse survives 28 days If your spouse or civil partner dies within 28 days of your death, intestacy treats them as having predeceased you. The statutory legacy doesn't apply—your estate goes directly to your children.

Kate and James, married with two children, were in a car accident. James died instantly, Kate died 20 days later. Kate's estate (£400,000) went directly to their children (£200,000 each) because James didn't survive the 28-day period. No statutory legacy applied.

Scenario 3: You have a valid will The statutory legacy only applies to intestacy (dying without a will). If you have a valid will, it governs how your estate is distributed—statutory legacy rules are irrelevant.

Scenario 4: Partial intestacy If your will is partially invalid or doesn't dispose of your entire estate, intestacy rules (including the statutory legacy) apply only to the portion not covered by the will.

Scenario 5: You have no spouse If you die intestate with children but no surviving spouse or civil partner, your children inherit your entire estate equally. No statutory legacy threshold applies.

Understanding these exceptions shows how rigid intestacy rules are. They follow a strict hierarchy: spouse and children first, then parents, then siblings, then more distant relatives. The statutory legacy is just one piece of this inflexible framework.

Why You Shouldn't Rely on Statutory Legacy (And What to Do Instead)

Relying on statutory legacy rules means gambling with your family's future. Here are five critical risks:

Risk 1: Unmarried partners get nothing 3.6 million UK cohabiting couples have zero protection under statutory legacy rules. Your partner of 20 years could lose everything.

Risk 2: Children inherit nothing from modest estates If your estate is £322,000 or less—which includes most UK families, given the average house price is £290,000—your children inherit nothing. All your assets go to your spouse under the statutory legacy threshold.

Risk 3: No control over estate administration Intestacy rules appoint administrators in a fixed priority order. This may not be the person you'd choose to handle your affairs, value your assets, or make difficult decisions.

Risk 4: No guardian appointments for minor children The statutory legacy distributes money but doesn't appoint guardians. If both parents die, a separate court process determines who raises your children—with no input from you.

Risk 5: Inflexible one-size-fits-all distribution Intestacy ignores blended families, stepchildren, disabled beneficiaries needing special trusts, business assets requiring careful handling, and charitable wishes. The £322,000 statutory legacy applies the same formula to every estate, regardless of individual circumstances.

Nearly two-thirds of UK adults have no will, meaning statutory legacy rules apply to thousands of families every year—often with devastating consequences.

What to do instead:

Create a will to ensure your wishes are honored, protect unmarried partners, provide for children from modest estates, appoint guardians, and optimize inheritance tax.

Don't leave your family's future to intestacy rules that ignore your wishes. With WUHLD, you can create a legally binding will in just 15 minutes online for £99.99 (vs £650+ for a solicitor).

You'll get your complete will plus three essential guides:

  • A 12-page Testator Guide
  • A Witness Guide
  • A Complete Asset Inventory document

You can preview your entire will free before paying anything—no credit card required.

Preview Your Will Free – No Payment Required

How to Create a Will That Avoids Statutory Legacy Uncertainty

Creating a will gives you complete control over who inherits what—no arbitrary £322,000 thresholds, no rigid formulas, no unintended disinheritances.

Step 1: Inventory your estate List all assets: property, savings, investments, pensions, life insurance, personal belongings. WUHLD's Asset Inventory document helps you track everything so nothing is missed.

Step 2: Decide how to divide your estate Instead of the statutory legacy's rigid formula, you can:

  • Leave specific amounts to each child (e.g., £30,000 to each child for university)
  • Give your entire estate to your spouse, with children inheriting if spouse predeceases
  • Create percentage splits (e.g., 60% to spouse, 40% split among children)
  • Provide for unmarried partners who'd get nothing under intestacy
  • Include stepchildren, disabled beneficiaries, or charitable gifts

Step 3: Appoint executors Choose who administers your estate: your spouse, an adult child, a trusted friend, or a professional executor. Under intestacy, administrators are appointed by priority order—you have no say.

Step 4: Name guardians for minor children This is critical if both parents die. The statutory legacy distributes money but doesn't appoint guardians. A will lets you name who raises your children and manages their inheritance.

Step 5: Consider trusts for young beneficiaries Under intestacy, children inherit at 18. With a will, you can specify a different age (e.g., 21 or 25) or create conditions (e.g., "£20,000 at 21 for education, remainder at 25").

Step 6: Review and update regularly Review your will every 5 years or after major life events: marriage, divorce, birth of children, house purchase, or significant asset changes. The statutory legacy amount changes too—your will should reflect your current circumstances.

Example will provision: "I leave £30,000 to each of my two children (held in trust until age 21 for education expenses), and the residue of my estate to my spouse. If my spouse predeceases me, I leave my entire estate to my children in equal shares."

This gives your children guaranteed inheritances while ensuring your spouse receives the bulk of the estate—unlike intestacy, which could disinherit your children entirely if your estate is below £322,000.

With WUHLD, you'll be guided through every decision in plain language. No legal jargon, no confusing forms—just clear questions that help you make the right choices for your family.

Frequently Asked Questions

Q: What is the statutory legacy amount in the UK?

A: The statutory legacy in the UK is currently £322,000 as of July 26, 2023. This is the fixed amount a surviving spouse or civil partner receives when someone dies without a will (intestate) and has children. The amount is reviewed every five years or when inflation exceeds 15%.

Q: Who is entitled to the statutory legacy?

A: Only a surviving spouse or civil partner is entitled to the statutory legacy when someone dies intestate with children. Unmarried partners (cohabitees), no matter how long the relationship, are not entitled to any statutory legacy under intestacy rules.

Q: What happens if the estate is less than £322,000?

A: If the estate is valued at £322,000 or less, the surviving spouse or civil partner inherits the entire estate. The children receive nothing. This is why having a will is crucial if you want to ensure your children inherit anything from a modest estate.

Q: Do children inherit anything under statutory legacy rules?

A: Children only inherit if the estate exceeds the statutory legacy of £322,000. In that case, they receive half of the amount above £322,000, while the spouse receives the other half plus the initial £322,000. If the estate is £322,000 or less, children inherit nothing.

Q: Does the statutory legacy apply if I live with my partner but we're not married?

A: No, the statutory legacy only applies to legally married spouses or registered civil partners. Unmarried partners have no automatic inheritance rights under intestacy rules, regardless of how long they've been together or whether they have children. This is why a will is essential for unmarried couples.

Q: Can the statutory legacy amount change?

A: Yes, the statutory legacy amount is reviewed every five years by the Lord Chancellor to account for inflation and property value changes. It can also be reviewed sooner if inflation exceeds 15%. The amount increased from £270,000 to £322,000 in July 2023, with the next review expected in 2025.

Q: How is the statutory legacy different from inheritance tax threshold?

A: The statutory legacy (£322,000) determines what a spouse inherits under intestacy rules, while the inheritance tax nil-rate band (£325,000) determines whether an estate pays inheritance tax. They are separate figures serving different purposes. The statutory legacy applies only to intestate estates with spouses and children.

Conclusion

The statutory legacy is a critical piece of UK intestacy law that affects thousands of families every year. Understanding how it works helps you see why relying on these rules is risky.

Key takeaways:

• The statutory legacy is £322,000—the fixed amount a surviving spouse or civil partner receives when someone dies without a will and has children • If your estate is less than £322,000 (like most UK families), your spouse inherits everything and your children inherit nothing under intestacy rules • Unmarried partners receive zero under intestacy, regardless of how long you've been together—the statutory legacy only protects legally married spouses or civil partners • The statutory legacy is separate from inheritance tax thresholds and doesn't provide IHT planning flexibility • You have no control over executors, guardians, or specific gifts under intestacy—it's a rigid one-size-fits-all formula

Relying on statutory legacy rules means leaving your family's future to a formula that doesn't know your circumstances, your relationships, or your wishes. Emma wanted her children to inherit £20,000 each for university—instead, they inherited nothing because she didn't have a will.

Your family deserves better than intestacy guesswork.

Create your will today and control exactly who inherits what—no statutory legacy uncertainty, no unintended consequences. With WUHLD, it takes just 15 minutes online.

For £99.99 (vs £650+ for a solicitor), you'll get:

  • Your complete, legally binding will
  • A 12-page Testator Guide
  • A Witness Guide
  • A Complete Asset Inventory document

You can preview your entire will free before paying anything.

Preview Your Will Free – No Payment Required

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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