The Family Provision (Intestate Succession) Order 2009
S.I. 2009/135 · Made 28 January 2009
Family Provision
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 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
1Citation and commencement
This Order may be cited as the Family Provision (Intestate Succession) Order 2009 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—
under paragraph (2) of the Table, the sum of £250,000; and
under paragraph (3) of the Table, the sum of £450,000.
Signature
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.