Glossary · UK
What is Statutory Legacy?
The fixed sum -- £322,000 as of 2026/27 -- that a surviving spouse or civil partner receives first under the intestacy rules if the deceased also leaves children.
Full Definition
The statutory legacy is the fixed cash amount a surviving spouse or civil partner is entitled to under the intestacy rules (England and Wales) when the deceased died without a will and is also survived by children or other descendants. Set at £322,000 since 26 July 2023, the surviving spouse receives all personal chattels, the statutory legacy of £322,000, and half of anything left over (the residue) outright; the other half of the residue is shared between the children. If there are no surviving children or other descendants, the spouse or civil partner inherits the whole estate regardless of the statutory legacy figure. The amount is set by statutory instrument and reviewed periodically by the Lord Chancellor -- it was previously £270,000 (from 2020) and £250,000 (from 2014) -- so it is worth checking the applicable figure for the actual date of death, not the date of any calculation.