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20 September 2007 / Julian Washington , Penelope Burton
Issue: 7289 / Categories: Features , Wills & Probate
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Last wishes

The dangers of DIY wills and dying intestate should
not be underestimated, say Penelope Burton and
Julian Washington

The law lays down strict rules about what happens to a person’s estate if he dies without a will, and these rules depend on the deceased’s circumstances. In broad terms, the position in England and Wales is:
- If a person is married or in a registered civil partnership and his estate is worth £125,000 or less, everything goes to his spouse or civil partner.
- If a person is married or in a registered civil partnership and his estate is worth over £125,000, his spouse or civil partner won’t automatically get everything, although they will receive:
- Personal items, such as household articles and cars.
- £125,000 free of inheritance tax or £200,000 if the deceased has not left any children.
- The rest of the estate is divided into two. If the deceased has left children, half the residue passes outright to the children and the other half is held on a life interest for the surviving spouse or civil

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
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