Latest Expert Witness News

Call for inheritance law change

More money should be allowed to parents with dependent children if their spouse dies without a will, say legal experts. In England and Wales husbands, wives and civil partners are eligible for the first £125,000 of the estate plus the interest on half of the remainder.

The rate has not been changed since 1993.

Some surviving parents say the income is not sufficient and they may be forced to sell the family home to pay the inheritance tax bill.

Family dispute

They can claim more from a court, but this means a potential legal battle with their own children. The widow is actually suing her own children - it's a disaster

Geoffrey Shindler, President of the Society of Trust and Estate Practitioners

The issue was highlighted this week after a mother filed papers at the High Court after most of her husband's estate was passed to their dependent children after he died without leaving a will. Only around one in every five parents makes a will according to a survey last year conducted by the National Consumer Council.

If someone dies without one, their estate is dealt with according to the rules of intestacy. The £125,000 due to a husband or wife is called the "statutory legacy".

If there are no children but other surviving relatives, the surviving spouse receives the first £200,000.

Alastair Collett, is a partner at law firm Bircham Dyson Bell

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