What is the surviving spouse's inheritance right?

How the answer differs across 6 jurisdictions

The Short Answer

The surviving spouse inherits a statutory share of the estate depending on which other relatives survive: one-quarter with children, one-half with parents or siblings, and the full estate if no other relatives exist.

25%
With children
50%
With parents/siblings
100%
No other heirs
Equal shares
Under separation of property + children
SingaporeFull article
The Short Answer

Yes, it is possible — if you have living children, your spouse receives only the first $500,000 of your estate plus half of the remainder; if you have no children but living parents, your spouse gets three-quarters and your parents one-quarter; and if you have neither children nor parents, your spouse inherits everything.

$500,000
Spouse's fixed share if children exist
50%
Spouse's share of remainder if children exist
75%
Spouse's share if no children, with parents
100%
Spouse's share if no children or parents
The Short Answer

No, you cannot completely disinherit your spouse in England and Wales — they can apply to court for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

6 months
Time limit to claim
Spouse
Eligible applicant
Reasonable prov
Legal standard
1975 Act
Governing law
US-New YorkFull article
The Short Answer

In New York, the surviving spouse is entitled to an elective share of $50,000 or one-third of the net estate — whichever is greater.

$50,000
Minimum elective share
1/3
Fraction of net estate
6 months
Filing deadline
EPTL § 5-1.1-A
Governing statute
South KoreaFull article
The Short Answer

The spousal inheritance deduction in South Korea is a tax exemption that allows a surviving spouse to deduct up to ₩500 million from the taxable inheritance amount, reducing or eliminating inheritance tax liability.

₩500 million
Deduction limit
100%
Spouse exemption rate
3 years
Filing deadline
2024
Current rate year
The Short Answer

Spousal right of residence is a legal right granted to a surviving spouse to continue living in the deceased spouse’s registered residence, even if they don’t own it — established under Japan’s Civil Code amendments effective April 1, 2022.

2022-04-01
Effective date
Civil Code Art.
Governing provision
Non-transferabl
Right nature
Lifetime only
Duration

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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.