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This Order further amends section 7 of the Administration of Estates Act (Northern Ireland) 1955 by increasing the amounts by reference to which a surviving spouse’s or civil partner’s rights in relation to an intestate’s estate are determined.
Where an intestate dies leaving a spouse or civil partner and issue, the surviving spouse or civil partner will take the personal chattels, the first £250,000 (with interest) and a share of the residue. The previous amount taken by the surviving spouse or civil partner was £125,000.
Where an intestate dies leaving a spouse or civil partner and no issue but also leaving other near relatives, the surviving spouse or civil partner will take the personal chattels, the first £450,000 (with interest) and a share of the residue. The previous amount taken by the surviving spouse or civil partner was £200,000.
The increases take effect in relation to the estates of persons dying on or after 1st January 2008.
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