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The Family Provision (Intestate Succession) Order 2008

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2008, ISBN 9780110849980

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 1(4) of the Family Provision Act 1966 on 12 November 2008; draft to lie for forty days, pursuant to section 6(1) of the Statutory Instruments Act 1946, during which period either House of Parliament may resolve that the Order not be made.

Family Provision

Made ***

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 1966f1.

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.

Annotations to the whole text

Footnotes

f1

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

Contents

  1. 1Citation and commencement
  2. 2Statutory legacy
  3. Signature
  4. Explanatory note

1Citation and commencement

This Order may be cited as the Family Provision (Intestate Succession) Order 2008 and shall come into force on 1st February 2009.

2Statutory legacy

In the case of a person dying after this Order comes into force, section 46(1) of the Administration of Estates Act 1925f1 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.

Signature

Name

[Minister’s title]

Ministry of Justice

[Date]

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.