Consultation: current system pits spouses against children

Solicitors dealing with wills and probate have this week welcomed government consultation on proposed changes to the current intestacy rules - but warned that the changes may not go far enough.


The Department for Constitutional Affairs (DCA) is proposing changes that include an increase in the amount a spouse automatically receives when their partner dies without leaving a will.


This would see a rise in the existing £125,000 threshold for an estate where the deceased had children and £200,000 where there are no children but parents or siblings surviving, to £350,000 and £650,000 respectively.


DCA minister Baroness Ashton said some 9,000 widows and widowers annually are in a position where they do not receive all of the estate, leaving many having to sell their homes. She said people suffered enough when their spouse died, without having the added trauma of worrying about financial issues.


A Law Society spokeswoman said: 'We support an increase in the statutory legacy and have been pressing the government since 2001 to raise the levels. However, it is also important to raise the public's awareness of the importance of making a valid will on the basis of legal advice.'


David Semmens, private client head at London firm Trowers & Hamlins, agreed that the current system was unfair, as it pitted spouses against children. He said one solution would be for some of the spouse's money to be put in trust for the children.


'This would protect the capital for the deceased's children, particularly where he or she has children from an earlier relationship, whilst ensuring that the surviving spouse could continue to live in the matrimonial home and have access to money during their lifetime.'