IHTM12122 - Succession: Intestacy: Distribution under intestacy (E & W): Statutory legacy
The statutory legacy payable to a surviving spouse or civil partner (IHTM11032) (IHTM12121) depends on whether the deceased dies
- with issue, that is children, grandchildren and remoter descendants (table 1), or
- without issue but with parents brother or sister or issue of brother or sister (table 2).
| Date of deceased’s death | Statutory Legacy | Statutory Legacy |
| Table 1 | Table 2 | |
| 1.1.26 to 31.12.52 | £1,000 | £1,000 |
| 1.1.53 to 31.12.66 | £5,000 | £20,000 |
| 1.1.67 to 30.6.72 | £8,750 | £30,000 |
| 1.7.72 to 14.3.77 | £15,000 | £40,000 |
| 15.3.77 to 28.2.81 | £25,000 | £55,000 |
| 1.3.81 to 31.5.87 | £40,000 | £85,000 |
| 1.6.87 to 30.11.93 | £75,000 | £125,000 |
| 1.12.93 to 31 01.2009 | £125,000 | £200,000 |
| 1. 2.2009 to present date | £250,000 | £450,000 |
Although interest from the date of the intestate’s death to the date of payment is added to the statutory legacy, when calculating how much spouse or civil partner exemption is due you should consider the position at the moment of death and ignore the interest.
Interest is allowed on each legacy at the basic rate payable for the time being on funds in court or at such other rate as the court shall direct from the date of death.
