Distribution of intestate estates in non-traditional families. A way forward?

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.