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The Family Provision (Intestate Succession) Order 2008

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Family Provision (Intestate Succession) Order 2009 No. 135

EXPLANATORY NOTE

(This note is not part of the Order)

The estate of a person dying intestate is charged with a fixed sum (the statutory legacy) in favour of the person’s surviving spouse or civil partner. This Order increases the statutory legacy from £125,000 to £250,000 where the intestate is survived by issue, and from £200,000 to £450,000 where there is no surviving issue but the intestate is survived by certain close relatives.

By virtue of section 1(3) of the Family Provision Act 1966, this Order supersedes the Family Provision (Intestate Succession) Order 1993 (S.I. 1993/2906) in relation to the estate of a person dying on or after 1st February 2009.

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