A Warwickshire lawyer has stressed the importance of making a will – despite new Government regulations that will nearly double the amount a spouse or civil can receive if his or her partner dies intestate.

Sofia Tayton, a solicitor in Lodders’ private client department, gave a qualified welcome to the news that married couples or civil partners will benefit from a big increase in the statutory legacy of £250,000 and £450,000 from February 1 this year depending on whether there are children.

“Although this is a useful development, it is ultimately much better to have a will in place to ensure your wishes are carried out,” she said.

“It should also be made clear that none of this applies to people who cohabit.
“The Government has acted after concerns that the levels of the statutory legacy, currently set at £125,000 and £200,000, were too low.”

Couples who have entered into a civil partnership have the same package of rights and responsibilities already available to a married couple.

Justice Minister Bridget Prentice said: "This increase will give extra protection to married couples and civil partners whose spouse or civil partner dies without making a will.

“But it also highlights how important it is for both men and women to make arrangements for their loved ones in the event of their deaths.

"Married couples and civil partners should not assume that when their spouse or civil partner dies, they will automatically be entitled to everything.

“It is up to individuals to make sure that their wishes are respected by making a will.

"My message to people is, don't leave it to chance. Make sure your loved ones are properly provided for by leaving a will."

The statutory legacy is the amount payable to a surviving spouse or civil partner from the estate of his or her spouse or civil partner dying without leaving a valid will.

It is currently set at £125,000 where the deceased leaves a surviving spouse or civil partner and children, and £200,000 where the deceased leaves a surviving spouse or civil partner and parents or siblings, but no children.