# The Family Provision (Intestate Succession) Order 2008

Draft 2008, ISBN 9780110849980

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.

Made under: Family Provision Act 1966 (repealed) (Section 1)

PDFs: Printed copy https://openlegislation.uk/draft-family-provision-intestate-succession-order-2008/pdf/ukdsi_9780110849980_en.pdf; Explanatory Memorandum https://openlegislation.uk/draft-family-provision-intestate-succession-order-2008/pdf/ukdsiem_9780110849980_en.pdf

## Introductory text

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 1966.
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.

## 1 Citation and commencement

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

## 2 Statutory legacy

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

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Source: https://www.legislation.gov.uk/ukdsi/2008/9780110849980 (the official version)
Page: https://openlegislation.uk/draft-family-provision-intestate-succession-order-2008
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.