The
rules governing the distribution of an intestate estate applied pursuant to
section 46 of the Administration
of Estates Act 1925 as amended by section 1 of the Inheritance and Trustee’s
Powers Act 2014 ensure very generous provision for surviving spouses in England
and Wales. However, notwithstanding the merits of such provision, the extent to
which the regime strikes an appropriate balance in distributing such an estate,
in particular, between the surviving spouse and a deceased’s children from a
former relationship, if present, appears somewhat dubious. Part I briefly
positions the intestacy regime adopted in England and Wales in an international
context, placing a special emphasis on the protection afforded to the interests
of a deceased’s children from a former relationship in a number of different
jurisdictions. Part II then critiques the arguments recently advanced by the
Law Commission for England and Wales against reform in this area and argues
that such reform is, in fact, warranted. On this basis, Part III presents a novel
proposal for consideration.