Spouses’ right to legal right share

It is not unusual to encounter novel issues and problems in my daily work as a solicitor.

One that has cropped up this week turns on the question of ‘legal right share’ for a surviving spouse.

Section 111 of the Succession Act, 1965 provides

111.—(1) If the testator leaves a spouse and no children, the spouse shall have a right to one-half of the estate.
		(2) If the testator leaves a spouse and children, the spouse shall have a right to one-third of the estate.

The legal right share is calculated on the deceased’s net estate.

Section 112 of the Act provides for the priority of the legal right share.

112.—The right of a spouse under section 111 (which shall be known as a legal right) shall have priority over devises, bequests and shares on intestacy.

Learn more on my website about spouses’ rights under the Succession Act, 1965.