OpenLegislation

The Family Provision (Intestate Succession) Order 1993

S.I. 1993/2906 · Made 29 November 1993

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.

FAMILY PROVISION

Made 29th November 1993

Coming into force 1st December 1993

Whereas a draft of this Order has been laid before Parliament for forty days and, that period having expired, neither House has resolved that the Order be not made:

Now, therefore, the Lord Chancellor, in exercise of the powers conferred on him by section 1(1)(a) and (b) of the Family Provision Act 1966f1, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1966 c. 35.

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Explanatory note

1

This Order may be cited as the Family Provision (Intestate Succession) Order 1993 and shall come into force on 1st December 1993.

2

In the case of a person dying after the coming into force of this Order, 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 £125,000; and

(b)

under paragraph (3) of the Table, the sum of £200,000.

Signature

Mackay of Clashfern, C.

Dated 29th November 1993

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 surviving spouse. This Order increases the statutory legacy from £75,000 to £125,000 where the intestate is survived by issue, and from £125,000 to £200,000 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 1987 (S.I. 1987/799) in relation to the estate of a person dying on or after 1st December 1993.