9 Prior right of surviving spouse to financial provision on intestacy

9  Prior right of surviving spouse to financial provision on intestacy

(1)     Where a person dies intestate and is survived by a husband[, wife or civil partner the survivor] shall be entitled to receive out of the intestate estate—

(a)     if the intestate is survived by issue [. . .], the sum of [£4,000 or such larger amount as may from time to time be fixed by order of the Secretary of State, or]

(b)     if the intestate is not survived by issue [. . .], the sum of [£8,000 or such larger amount as may from time to time be fixed by order of the Secretary of State],

together with, in either case, interest at the rate of 4 percent. per annum[, or at such rate as may from

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