Wills and a Spouse’s Legal Right Share

Wills and a Spouse’s Legal Right Share

The Succession Act 1965 provides a spouse with some protection if they are disinherited or left less than they may have expected under a will.

Under the provisions of Section 111 of the Act, where a deceased has left a will, regardless of the terms of it, a spouse is automatically entitled to half of a deceased’s estate where there are no children and 1/3 of the estate where there are children.

In the event that a spouse is left less than the legal right share in a deceased’ s will, he or she can elect to take the legal right share in place of the bequest under the will.

It may also be possible to take the family home in satisfaction of this legal right share.

The executor is obliged to inform the spouse of this entitlement and strict time limits apply.

If you have any questions about a Legal Right Share please contact Julie Mullan

Contact McGrath McGrane

If you are thinking of engaging a lawyer, why not contact us today to see if we can assist? Any of our solicitors will be delighted to speak with you without obligation.

McGrath McGrane Solicitors

Phone: +353 (0) 1 873 5012

Fax: +353 (0) 1 873 5024

info@mcgrathmcgrane.ie

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