The Family Provision (Intestate Succession) Order 2009

Statutory Instruments

2009 No. 135

Family Provision

The Family Provision (Intestate Succession) Order 2009

Made

28th January 2009

Coming into force

1st February 2009

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 1(1)(a) and (b) of the Family Provision Act 1966(1).

In accordance with section 1(4) of that Act, a draft of this Order was laid before Parliament for forty days during which period neither House resolved that the Order not be made.

Citation and commencement

1.  This Order may be cited as the Family Provision (Intestate Succession) Order 2009 and shall come into force on 1st February 2009.

Statutory legacy

2.  In the case of a person dying after this Order comes into force, section 46(1) of the Administration of Estates Act 1925(2) shall apply as if the net sums charged by paragraph (i) on the residuary estate were—

(a) under paragraph (2) of the Table, the sum of £250,000; and

(b) under paragraph (3) of the Table, the sum of £450,000.

Signed on behalf of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

28th January 2009

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.

(1)

1966 c. 35. Section 1 was amended by section 71 of the Civil Partnership Act 2004 (c. 33).

(2)

1925 c. 23. Section 46(1) was, so far as is relevant, amended by section 1 of the Intestates’ Estates Act 1952 (c. 64), by section 1 of the Family Provision Act 1966 (c. 35) and by section 71 of the Civil Partnership Act 2004 (c. 33).