Spouses Receive More Upon Death Under Rule Changes

23 I 09 I 09

 

Sarah Cash        


      

As intestacy rule changes come into force, Sarah Cash (Associate  at Hugh James) examines the impact and discusses the importance of keeping an up to date will.

 

If a person dies without making a will, the law sets out clear intestacy rules as to how the estate is distributed amongst the deceased's family. Under these intestacy rules the spouse of the deceased automatically receives a fixed amount from the estate. After the spouse has received their entitlement, the rest of the estate is divided between other family members.

 

On 1st February 2009 the intestacy rules changed to increase the amount left to the spouse: from £125,000 to £250,000 where there are children; from £200,000 to £450,000 where there are no children.

 

These changes are welcomed as these amounts have not been increased since 1993.  However, people should not be misled into thinking that these changes mean they do not need to make a will.

 

The intestacy rules can lead to a number of difficult issues, for example:

 

  • Unmarried couples  - are not entitled to receive anything on the death of their partner. It is possible for unmarried partners to bring a claim against the estate, but this can lead to acrimonious and costly litigation.

 

  • Matrimonial home – if in the deceased spouse's sole name, it may have to be sold to satisfy the entitlements of other family members.

 

  • Inheritance tax - may be due if the value of the estate passing to the beneficiaries (apart from the spouse) is worth more than £312,000 (2008/2009 tax year).

 

  • Children - are likely to receive very little, unless the estate is worth several hundred thousand pounds.

 

  • Children - are entitled to receive their inheritance at age 18. This is a young age to inherit and this poses all sorts of dangers. Most wills seek to increase the age of inheritance to 21 or 25.

 

  • Guardians - appointment of guardians for children under 18 is reliant upon suitable volunteers rather than the express choice of the deceased.

 

  • Other family members – have a right to benefit where there are no children. This may not be such a good thing. For instance, elderly relatives may have no need of the funds and indeed an inheritance at this stage may upset their own inheritance tax planning.

 

  • Administration – the beneficiaries of the estate are responsible for its administration, but they may not be able to deal with large sums of money, property or, in some cases a business. By making a will there is the opportunity to appointment suitable executors.

 

In summary, failure to make a will leaves too much to chance.  To ensure your estate is distributed according to your wishes and in a tax efficient manner, you should not rely on the intestacy rules, but should seek advice to execute a suitable will.

 

Contact

Sarah Cash

Senior Associate

 

E sarah.cash@hughjames.com

T 029 2066 0563

 

 

Meet the rest of the Wills and Probate team

 

 


Joe Purcell

Business Development Manager

 

E joe.purcell@hughjames.com

T 029 2039 1061

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