The rules on how much a surviving spouse (or civil partner) inherits from a deceased partner’s estate, if that partner dies without making a will, have changed with effect from 1 February 2009.

For deaths on or after 1 February 2009 the amount that a surviving partner will receive from a deceased partner’s estate has increased from £125,000 to £250,000 if there are children and from £200,000 to £450,000 if there are no children.

If there are children, the surviving partner is entitled to an income from half the remaining (residuary) assets. The children will get the remaining half of the residuary assets immediately (or on attaining age 18) and the other half on the surviving partner’s death.

If there are no children, the surviving partner is entitled to half the remaining (residuary) assets immediately. Any surviving parents or siblings (or their children) will get the remaining half of the residuary assets.

If there are no children, parents or siblings the surviving partner is entitled to all the deceased partner’s estate.”