The statutory legacy is the fixed sum of money a surviving spouse or civil partner inherits first under the rules of intestacy in England and Wales, before the remainder of the estate is shared with the deceased's children. It currently stands at £322,000 (legislation.gov.uk, Fixed Net Sum Order 2023, in force 26 July 2023, subject to change).
It only applies when someone dies without a valid will and leaves both a spouse or civil partner and children. This guide explains what the statutory legacy is, the current figure, exactly how an intestate estate is divided, and who can lose out. Figures are current as at August 2026 and are subject to change.
What is the statutory legacy?
When a person dies without a valid will, they are said to die "intestate", and a fixed set of rules known as the rules of intestacy decides who inherits (gov.uk, intestacy rules, as at August 2026, subject to change). Where the person leaves a husband, wife or civil partner and also leaves children, the estate is not simply handed to the spouse. Instead the spouse takes a first, fixed slice, and the rest is split. That first fixed slice is the statutory legacy, sometimes called the fixed net sum.
The figure is set in law and reviewed from time to time by the government, usually as property values and inflation move. It is not adjusted for the size of any particular estate. Above the statutory legacy, the surviving spouse and the children share what is left.
The current statutory legacy amount
The statutory legacy in England and Wales rose from £270,000 to £322,000 on 26 July 2023, and that remains the figure in force (legislation.gov.uk, Fixed Net Sum Order 2023, subject to change). The table below sets out the current position and the recent history.
| Fixed net sum (statutory legacy) | Amount | In force from |
|---|---|---|
| Current figure | £322,000 | 26 July 2023 |
| Previous figure | £270,000 | 6 February 2020 |
Source: The Administration of Estates Act 1925 (Fixed Net Sum) Order 2023. As at August 2026, subject to change.
Who inherits under the rules of intestacy?
The statutory legacy is only one part of a wider order of priority. Who receives what depends on which relatives survive the person who has died. The table sets out the main outcomes for England and Wales.
| Who survives | How the estate is shared |
|---|---|
| Spouse or civil partner, no children | The spouse or civil partner takes the whole estate. |
| Spouse or civil partner and children | The spouse takes all personal possessions, the first £322,000 (the statutory legacy) plus interest, and half of anything above that. The children share the other half equally. |
| Children, no spouse or civil partner | The children take the whole estate in equal shares. |
| No spouse and no children | The estate passes to the closest relatives in a set order: parents, then brothers and sisters, then wider family. |
| No surviving relatives at all | The estate passes to the Crown (bona vacantia). |
Source: gov.uk, who inherits if someone dies without a will, as at August 2026, subject to change. A child's share is generally held on trust until they reach 18.
A worked example
Who the statutory legacy leaves out
The rules of intestacy recognise only certain relationships, and several common family arrangements are not covered at all. This is often the point at which the result surprises a family.
- Unmarried partners. A partner who was not married to the deceased and not in a civil partnership inherits nothing under intestacy, however long the couple lived together (gov.uk, as at August 2026, subject to change). There is no such thing as a "common-law spouse" for inheritance.
- Stepchildren. The rules recognise biological and legally adopted children. A stepchild who was never adopted does not inherit under intestacy.
- Separated spouses. A husband, wife or civil partner who is separated but not yet divorced still counts as a spouse and can inherit the statutory legacy.
A person who feels they have not been reasonably provided for may in some cases apply to a court under the Inheritance (Provision for Family and Dependants) Act 1975, but that is a claim rather than an automatic entitlement, and time limits apply. A valid will is the usual way to set out different wishes. Our guide to how to write a will explains the options.
The statutory legacy and inheritance tax
The rules of intestacy decide who inherits. They do not change how inheritance tax works. The standard inheritance tax rate is 40%, charged only on the part of an estate above the available tax-free thresholds, with a nil-rate band of £325,000 (gov.uk/inheritance-tax, as at August 2026, subject to change). Assets passing to a surviving spouse or civil partner are generally exempt, so the share taken as statutory legacy usually passes free of inheritance tax. The share passing to children, by contrast, is not spouse-exempt and counts towards the estate for tax. Because intestacy can send assets to people, and in proportions, the deceased might not have chosen, it can also affect how efficiently allowances and reliefs are used. Our inheritance tax guide covers the thresholds in more detail.
How to avoid the statutory legacy applying
The statutory legacy only applies where there is no valid will. Making a will lets a person decide who inherits, in what shares, and who administers the estate, rather than leaving it to a fixed formula. A will can provide for an unmarried partner or stepchildren, protect children from an earlier relationship, and sit alongside wider estate planning such as trusts and a lasting power of attorney. Whether or not there is a will, the estate still has to be administered, and our guide to what probate is explains that process. If you would like to talk any of this through, you can book a consultation.
Scotland and Northern Ireland
This guide describes the law of England and Wales. Scotland has its own succession law, with different rules called prior rights and legal rights that can give a surviving spouse, civil partner and children a fixed entitlement, and the sums involved differ from the English statutory legacy. Northern Ireland has a separate system that is broadly similar to England and Wales but not identical, including a different fixed sum for a surviving spouse. If an estate touches more than one UK nation, it can be worth checking the rules that apply in each.
Frequently asked questions
What is the statutory legacy in 2026?
The statutory legacy in England and Wales is £322,000. It is the fixed sum a surviving spouse or civil partner receives first under the rules of intestacy where the deceased also left children, before the rest of the estate is shared (legislation.gov.uk, in force 26 July 2023, subject to change).
Does the statutory legacy apply if there is a will?
No. The statutory legacy is part of the rules of intestacy, which only apply when someone dies without a valid will, or where a will does not deal with the whole estate. A valid will sets out who inherits instead (gov.uk, as at August 2026, subject to change).
What happens if the estate is worth less than the statutory legacy?
If the estate is worth £322,000 or less and there is a surviving spouse or civil partner, that spouse or civil partner generally takes the whole estate, and the children receive nothing under the intestacy rules (gov.uk, as at August 2026, subject to change).
Does an unmarried partner get the statutory legacy?
No. An unmarried partner, and a partner who was not in a civil partnership, does not inherit anything under the rules of intestacy, regardless of how long the couple were together. There is no common-law spouse status for inheritance in England and Wales (gov.uk, as at August 2026, subject to change).
How is the statutory legacy amount decided?
The figure is set by statutory instrument under the Administration of Estates Act 1925 and reviewed by the government from time to time, usually to reflect inflation and property values. The most recent change raised it from £270,000 to £322,000 on 26 July 2023 (legislation.gov.uk, subject to change).
Do stepchildren inherit under intestacy?
Not automatically. The rules of intestacy recognise biological and legally adopted children. A stepchild who was never adopted has no automatic entitlement, which is one reason blended families often choose to make a will (gov.uk, as at August 2026, subject to change).