What is the legal right share of a spouse?

What the Law Says

The Succession Act 1965 gives a surviving spouse a guaranteed minimum share of the deceased spouse’s estate — known as the 'legal right share' — regardless of what the will says (or whether there is a will). This protects the spouse from being disinherited.

The legal right share applies automatically — it does not depend on the terms of a will, and cannot be waived unless done so in writing before marriage (e.g., via a valid prenuptial agreement, though such agreements have limited enforceability in Ireland).

It only applies to spouses — civil partners and cohabitants do not have the same automatic right. The share is calculated on the net value of the estate after debts and funeral expenses are paid, but before inheritance tax.

If the deceased leaves children (including adopted children), the spouse’s legal right share is one-third of the estate. If there are no children, the share rises to one-half.

Statutory Text

A spouse shall be entitled to a legal right share in the estate of a deceased person who dies wholly or partly testate, that is to say, a share equal to one-third of the net estate if the deceased leaves issue, and one-half of the net estate if the deceased leaves no issue.

— Succession Act 1965, s. 111 — Legal right of spouse

What to Do

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