Augmented Estate

Augmented Estate
Augmented Estate
Full Overview Of Augmented Estate

Understanding the concept of augmented estate is crucial in estate planning. This term refers to the total value of a deceased person’s property, which is used to determine the share that a surviving spouse is entitled to claim, regardless of what is stipulated in the will. It is especially important in jurisdictions with elective share laws, which aim to protect the rights of surviving spouses from being disinherited.

At DLS Solicitors, we recognise the significance of providing a thorough understanding of the augmented estate and its components, implications, and legal mechanisms surrounding it. Our comprehensive overview aims to clarify these aspects, ensuring our clients are well-informed and prepared to make sound decisions regarding their estate planning.

Components of the Augmented Estate

The augmented estate encompasses various elements, extending beyond the assets directly owned by the deceased at the time of death. It includes:

  1. Probate Estate: This includes all assets that pass through the probate process, such as individually owned property, personal possessions, and financial accounts without designated beneficiaries.
  2. Non-Probate Assets: These are assets that bypass the probate process and are directly transferred to beneficiaries. Examples include:
    • Jointly owned property with rights of survivorship.
    • Life insurance proceeds are payable to a named beneficiary.
    • Retirement accounts and pensions with designated beneficiaries.
    • Payable-on-death (POD) and transfer-on-death (TOD) accounts.
  3. Transfers Made During Lifetime: Certain lifetime transfers made by the deceased may be included in the augmented estate if they are deemed to have been made with the intent to defraud the surviving spouse. These can include:
    • Gifts exceeding a specific threshold made within a certain period before death.
    • Transfers to revocable trusts where the deceased retained control over the assets.
  4. Surviving Spouse’s Property: In some jurisdictions, the surviving spouse’s property and certain interests in jointly owned property may also be considered part of the augmented estate.

The concept of the augmented estate is grounded in the principle of equitable distribution. The primary rationale is to prevent disinheritance of the surviving spouse, ensuring they receive a fair share of the deceased’s estate. Elective share laws, which underpin the augmented estate, vary by jurisdiction but generally allow the surviving spouse to claim a statutory percentage of the estate, which may range from one-third to one-half.

This legal mechanism serves several purposes:

  1. Protection of the Surviving Spouse: It safeguards the financial well-being of the surviving spouse, particularly in cases where the deceased might have attempted to disinherit them through wills or lifetime transfers.
  2. Promotion of Fairness: By considering the total value of the deceased’s assets, including non-probate transfers and certain lifetime gifts, the law aims to ensure a fairer distribution of the estate.
  3. Preventing Fraudulent Transfers: The inclusion of certain lifetime transfers in the augmented estate helps to deter individuals from depleting their estate to the detriment of the surviving spouse.

Calculating the Augmented Estate

Calculating the augmented estate involves a multi-step process, which can vary depending on jurisdictional specifics. Generally, it includes:

  1. Identifying Probate Assets: This step involves cataloguing all assets that are subject to probate, including real property, personal belongings, and financial accounts.
  2. Assessing Non-Probate Assets: Determining the value of assets that pass outside of probate, such as joint accounts, life insurance policies, and retirement funds.
  3. Evaluating Lifetime Transfers: Reviewing any significant gifts or transfers made by the deceased within the statutory period, typically a few years before death.
  4. Incorporating Surviving Spouse’s Property: In some cases, the surviving spouse’s property may be included in the calculation to ensure an equitable division.

The final step involves summing these values to determine the total augmented estate, from which the surviving spouse’s elective share is calculated.

Implications for Estate Planning

Understanding the augmented estate is critical for effective estate planning. Clients must be aware of the potential impact on their estate and the rights of their surviving spouse. Key considerations include:

  1. Strategic Asset Distribution: Clients may need to strategically structure their asset distribution to balance their wishes with the legal requirements of the augmented estate. This might involve setting up trusts or designating beneficiaries in a manner that aligns with their overall estate plan.
  2. Communication and Transparency: Clear communication with the surviving spouse about the estate plan can help prevent disputes and ensure that their needs and expectations are met. Transparency is key to avoiding misunderstandings and potential legal challenges.
  3. Regular Review and Updates: Estate plans should be regularly reviewed and updated to reflect changes in the client’s financial situation, family dynamics, and relevant laws. This proactive approach helps ensure that the estate plan remains valid and effective.
  4. Legal Advice and Guidance: Consulting with legal professionals who specialise in estate planning is essential. At DLS Solicitors, we provide tailored advice to help clients navigate the complexities of the augmented estate and develop a robust estate plan that meets their objectives.

Case Studies and Practical Applications

To demonstrate how the augmented estate is practically applied, let’s consider the following hypothetical scenarios:

Case Study 1: The Smith Family

Mr. Smith passed away, leaving a will that bequeathed the majority of his estate to his children from a previous marriage, with a modest provision for his current spouse, Mrs. Smith. The will stipulated that Mrs. Smith would receive only a small portion of the probate assets. However, the total value of Mr. Smith’s non-probate assets, including joint accounts and life insurance policies, was substantial.

Mrs. Smith, feeling inadequately provided for, opted to claim her elective share. The calculation of the augmented estate included all probate assets, non-probate assets, and significant gifts Mr. Smith had given to his children shortly before his death. As a result, the value of the augmented estate was considerably higher than the probate estate alone.

Mrs. Smith’s elective share was calculated based on this augmented estate, ensuring she received a more substantial portion of Mr. Smith’s total assets, thus safeguarding her financial security.

Case Study 2: The Johnson Estate

Mr. Johnson, a wealthy businessman, had established several trusts and made substantial lifetime gifts to his children. Upon his death, his will left his surviving spouse, Mrs. Johnson, with a relatively small inheritance. However, the substantial lifetime transfers raised concerns about potential disinheritance.

Mrs. Johnson sought legal advice and decided to claim her elective share. The augmented estate calculation included probate assets, non-probate assets, and the significant lifetime transfers Mr. Johnson had made. This comprehensive approach ensured that the value of the augmented estate reflected the true extent of Mr. Johnson’s wealth.

Mrs. Johnson’s elective share, based on the augmented estate, provided her with a fair and equitable portion of the estate, addressing her financial needs and preventing potential disputes among the beneficiaries.

Challenges and Considerations

While the concept of the augmented estate serves to protect the rights of surviving spouses, it also presents certain challenges and considerations:

  1. Complexity in Calculation: The process of calculating the augmented estate can be complex, requiring detailed documentation and valuation of assets. This complexity necessitates professional legal assistance to ensure accuracy and compliance with legal requirements.
  2. Potential for Disputes: The inclusion of lifetime transfers and non-probate assets in the augmented estate can lead to disputes among beneficiaries. Clear and transparent estate planning, coupled with legal guidance, can help mitigate these risks.
  3. Jurisdictional Variations: Elective share laws and the definition of the augmented estate vary by jurisdiction. It is crucial to understand the specific legal framework applicable in the relevant jurisdiction to ensure compliance and effective estate planning.
  4. Balancing Competing Interests: Estate planning often involves balancing the interests of the surviving spouse with those of other beneficiaries, such as children from previous marriages. A well-crafted estate plan should address these competing interests in a fair and equitable manner.


At DLS Solicitors, we understand that estate planning is a deeply personal and complex process.

The concept of the augmented estate plays a pivotal role in protecting the rights of surviving spouses and ensuring a fair distribution of assets. By comprehensively understanding the components, legal framework, and practical implications of the augmented estate, our clients can make informed decisions that align with their wishes and safeguard the interests of their loved ones.

Our team of experienced legal professionals is dedicated to providing tailored advice and guidance, helping clients navigate the intricacies of estate planning with confidence. Whether it involves calculating the augmented estate, structuring asset distribution, or addressing potential disputes, we are committed to delivering comprehensive and effective legal solutions.

In conclusion, the augmented estate is a fundamental aspect of estate planning that demands careful consideration and strategic planning. By working with DLS Solicitors, clients can ensure that their estate plans are robust, equitable, and reflective of their true intentions, providing peace of mind and financial security for their loved ones.

Augmented Estate FAQ'S

An augmented estate is a legal concept that combines the deceased person’s estate with certain other assets that were transferred by the deceased during their lifetime. This concept ensures that the surviving spouse or civil partner receives a fair share of the total assets.

The concept of an augmented estate is primarily used in some jurisdictions in the United States. In the UK, a similar outcome is achieved through the Inheritance (Provision for Family and Dependants) Act 1975, which allows dependents to claim reasonable financial provision from the estate.

In jurisdictions that recognise augmented estates, it usually includes the deceased’s probate estate, certain lifetime gifts, jointly held property, and assets in which the deceased had an interest at death. In the UK, similar assets might be considered when assessing claims under the Inheritance Act 1975.

The Inheritance Act 1975 allows eligible individuals to claim a portion of the estate if they were not adequately provided for, considering the deceased’s total assets, including those transferred during their lifetime. This achieves a similar goal to the augmented estate concept.

Eligible claimants include the deceased’s spouse or civil partner, former spouse or civil partner (if they have not remarried), children, individuals treated as children of the family, and any person being maintained by the deceased prior to their death.

The purpose is to prevent the deceased from disinheriting the surviving spouse or dependents by transferring assets out of the estate before death. It ensures that all relevant assets are considered when distributing the estate.

Lifetime gifts made within seven years before death can affect inheritance tax calculations and can be considered when assessing claims under the Inheritance Act 1975 to ensure fair provision for dependants.

If the court finds that assets were transferred to avoid providing for dependants, it can consider those assets when making financial provision orders under the Inheritance Act 1975.

Yes, jointly held property can be considered, especially if the deceased’s share of the property passes to the joint owner. This can be relevant in claims for reasonable financial provision.

Individuals can protect their interests by seeking legal advice, creating comprehensive estate plans, and using trusts to ensure assets are distributed according to their wishes. Dependants should be aware of their rights under the Inheritance Act 1975 to claim reasonable provision.


This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 21st July 2024.

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Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.

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