Under intestacy rules, if there is a surviving spouse and children, what does the spouse receive?

• A. The whole estate
• B. £322,000 plus personal chattels and 1/2 of the estate
• C. 1/4 of the estate
• D. The residue after distributing to children

Answer: (B)

Under intestacy, when there is both a surviving spouse and children, the spouse is protected by a fixed sum known as the statutory legacy, plus any personal chattels, and then the remainder of the estate is shared. The statutory legacy is a set amount (for the scenario in the question it is £322,000), and personal chattels are transferred to the spouse automatically. After paying those, the remaining estate (the residue) is divided equally between the surviving spouse and the issue (the children), so the spouse gets half of the residue.

That combination—£322,000 plus personal chattels and half of the remaining estate—is why this option is the correct description of the surviving spouse’s share under intestacy when there are both a spouse and children. The other possibilities don’t fit the rule because the spouse does not receive the entire estate, does not get only a quarter, and does not receive the portion described as “the residue after distributing to children.”