In intestacy where there are children, who receives the statutory legacy?

• A. The surviving spouse or civil partner
• B. The children
• C. The executor
• D. The state

Answer: (A)

The statutory legacy is a fixed amount set by the intestacy rules that is given to the surviving spouse or civil partner. Even when there are children, the survivor receives this guaranteed sum from the estate, and the rest of the estate is dealt with for the children (typically the spouse has a life interest in the remainder, with the capital passing to the children on the spouse’s death). The executor administers the estate, and the state only steps in if there are no eligible heirs.