IHTM12172 - Distribution under intestacy (NI): statutory legacy

The statutory legacy payable to a surviving spouse or civil partner ( IHTM11032) ( IHTM12171) 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 deathStatutory Legacy
   Table 1Table 2
   ££
1.1.56To1.3.701,5005,000
2.3.70To1.8.732,2507,500
2.8.73To31.12.777,50020,000
1.1.78To31.5.8125,00055,000
1.6.81To31.11.8740,00085,000
1.12.87To31.12.9375,000125,000
1.1.94 onwards125,000200,000

Although interest from the date of the intestate’s death to the date of payment is added to the statutory legacy, for the purpose of spouse or civil partner exemption you should consider the position at the moment of death and ignore the interest when calculating relief.

Rate of interest per annum

Date of deceased's death

Interest

1.1.56to30.4.80

4%

1.5.80To28.2.85

7%

1.3.85Onwards

6%