Statutory Instrument 1993 No. 2906

The Family Provision (Intestate Succession) Order 1993

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© Crown Copyright 1993

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1993 No. 2906

FAMILY PROVISION

The Family Provision (Intestate Succession) Order 1993

Whereas a draft of this Order has been laid before Parliament for forty days and, that period having expired, neither House has resolved that the Order be not made:

Now, therefore, the Lord Chancellor, in exercise of the powers conferred on him by section 1(1)(a) and (b) of the Family Provision Act 1966^[1], hereby makes the following Order:

    1.    This Order may be cited as the Family Provision (Intestate Succession) Order 1993 and shall come into force on 1st December 1993.

    2.    In the case of a person dying after the coming into force of this Order, section 46(1) of the Administration of Estates Act 1925^[2] shall apply as if the net sums charged by paragraph (i) on the residuary estate were:—
 (a) under paragraph (2) of the Table, the sum of £125,000; and
 (b) under paragraph (3) of the Table, the sum of £200,000.

Mackay of Clashfern, C.

Dated 29th November 1993

The estate of a person dying intestate is charged with a fixed sum (the statutory legacy) in favour of the surviving spouse. This Order increases the statutory legacy from £75,000 to £125,000 where the intestate is survived by issue, and from £125,000 to £200,000 where there is no surviving issue but the intestate is survived by certain close relatives.

By virtue of section 1(3) of the Family Provision Act 1966, this Order supersedes the Family Provision (Intestate Succession) Order 1987 (S.I. 1987/799) in relation to the estate of a person dying on or after 1st December 1993.

[1] 1966 c. 35. back

[2] 1925 c. 23; section 46(1) was, so far as is relevant, amended by section 1 of the Intestates Estates Act 1952 (c. 64) and by section 1 of the Family Provision Act 1966 (c. 35). back