The actuarial tables for calculating the capitalisation of a surviving spouse/civil partner’s life interest on intestacy were updated on 1 February 2009 meaning that spouses and civil partners of people who die intestate (without leaving a Will) now receive more generous payments if there are sufficient assets in the deceased’s estate.

From 1 February 2009 the levels of statutory legacy increased from £125,000 to £250,000 where the deceased leaves children and from £200,000 to £450,000 if there are no offspring.

As before, if there are children the surviving partner will also receive a life interest in half the rest of the estate, with the right to elect that the capital value of this life interest be paid to them (provided that this election is made within 12 months from the date of grant of representation).

Unless you make a Will, you cannot guarantee that your belongings will be distributed as you want when you die. It is surprising the number of individuals who do not have a Will and who die without making sure that those whom they wish to benefit from their estate after their death do so. As a result, many unnecessary complications arise, adding to the grief of the bereaved and the expense of winding up the deceased person’s estate.