Definition
Statutory legacy is the fixed sum (currently £322,000) that a surviving spouse or civil partner automatically receives when someone dies without a valid will and has children.
This guaranteed amount is a critical part of intestacy rules, ensuring married partners receive substantial protection before sharing the estate with children. Understanding statutory legacy is essential because it often differs from what people actually intended for their loved ones.
What Does Statutory Legacy Mean?
Under the Administration of Estates Act 1925 as amended, statutory legacy applies only when someone dies intestate (without a valid will) and is survived by both a spouse or civil partner and children. The current amount is £322,000, effective for deaths on or after 26 July 2023, as set by The Administration of Estates Act 1925 (Fixed Net Sum) Order 2023. This amount is reviewed at least every five years and adjusted for inflation using the Consumer Price Index. An automatic review triggers if inflation exceeds 15 percent, which is why the amount increased from the previous £270,000.
When statutory legacy applies, the surviving spouse or civil partner receives three things: all personal chattels (household contents and personal belongings), the statutory legacy of £322,000, and half of whatever remains after these amounts. The children receive the other half of the remainder, divided equally between them. If Emma dies intestate leaving an estate worth £622,000, her husband James receives personal chattels plus £322,000, and then half of the remaining £300,000 (which is £150,000), totalling £472,000. Their three children share the other £150,000 equally, receiving £50,000 each. Crucially, if the estate is worth £322,000 or less, the spouse receives everything and children receive nothing, because the estate value doesn't exceed the statutory legacy threshold.
The statutory legacy reveals a critical exclusion that shocks many people: unmarried partners receive absolutely nothing under intestacy rules, regardless of relationship length. Only legally married spouses and registered civil partners qualify for statutory legacy. Michael and Lisa lived together for 22 years with two children, but when Michael dies intestate with a £450,000 estate, Lisa receives nothing automatically. The entire estate passes to their children. Lisa would need to make a costly legal claim under the Inheritance (Provision for Family and Dependants) Act 1975, with no guarantee of success. This harsh reality demonstrates why cohabiting couples must create wills.
The statutory legacy amount might not reflect what the deceased actually wanted. Some surviving spouses need more financial support than the formula provides, while others might be financially secure enough that the deceased would have preferred more going directly to children. Additionally, splitting inheritance between spouse and children can create inheritance tax inefficiencies, since children don't benefit from the spousal exemption that eliminates tax between married partners.
Common Questions
"If my husband dies without a will, will I inherit everything?" Not necessarily. If you have children together, you'll receive his personal belongings plus £322,000, and then half of anything left over. Your children will share the other half. You'll only inherit everything if the entire estate is worth £322,000 or less, or if you have no children.
"My partner and I have lived together for 20 years but never married. What happens to the house if he dies without a will?" Unfortunately, statutory legacy only applies to married couples and civil partners. As an unmarried partner, you have no automatic right to inherit anything under intestacy rules, regardless of how long you've been together. You would need to make a legal claim under the Inheritance Act.
"How much is the statutory legacy in 2025?" The statutory legacy is currently £322,000, which applies to anyone who died on or after 26 July 2023. The government reviews this amount at least every five years and adjusts it for inflation based on the Consumer Price Index. It previously was £270,000 from February 2020 to July 2023.
Common Misconceptions
Myth: My spouse will automatically inherit everything if I die without a will
Reality: If you have children, your spouse will only receive the first £322,000 plus personal belongings, and then half of whatever remains. Your children will inherit the other half of the remainder. This split can create complications and may not reflect your actual wishes for how your estate should be distributed.
Myth: The statutory legacy protects my long-term partner if I don't have a will
Reality: The statutory legacy applies only to legally married spouses and registered civil partnerships. If you're in an unmarried relationship, even if you've lived together for decades and have children together, your partner receives nothing under intestacy rules. They would have to make a costly legal claim with uncertain outcomes.
Related Terms
Understanding Statutory Legacy connects to these related concepts:
- Intestacy Rules: The broader framework of distribution rules that includes statutory legacy as one component for determining who inherits when someone dies without a will.
- Spouse: Defines the legal status of marriage required to qualify for statutory legacy, distinguishing married partners from unmarried cohabitees who receive nothing.
- Civil Partner: Registered civil partnerships have identical intestacy rights to marriage, including full entitlement to the statutory legacy.
- Personal Chattels: Household contents and personal belongings that a surviving spouse receives in addition to the £322,000 statutory legacy amount.
- Intestacy: The legal condition of dying without a valid will, which triggers the statutory legacy and other default distribution rules.
Related Articles
- Understanding Intestacy in the UK: Explains the complete framework of intestacy rules, including how statutory legacy fits into the broader distribution hierarchy when someone dies without a will.
- Unmarried Couples & Inheritance Rights: Essential reading for cohabitees, explaining why statutory legacy doesn't protect unmarried partners and what legal options exist to protect your partner.
- How Marriage Affects Your Will: Shows how marriage creates statutory legacy rights while also revoking existing wills, demonstrating the critical need for updated estate planning after marriage.
Need Help with Your Will?
Understanding statutory legacy reveals how intestacy rules may not match your actual wishes for your family. Whether you want your spouse to receive more than the statutory formula provides, or you need to ensure children receive specific amounts, a will gives you control.
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Legal Disclaimer: This glossary entry provides general information about UK legal terminology and does not constitute legal advice. For advice specific to your situation, consult a qualified solicitor.