Succession Act 1965 section 111

Right of surviving spouse

Section 111 sets out the minimum share of an estate that a surviving spouse is legally entitled to, depending on whether or not the deceased left children.

• A surviving spouse has a guaranteed legal right to a minimum share of the deceased's estate, regardless of what the will says.
• If the deceased left a spouse but no children, the spouse is entitled to one-half of the estate.
• If the deceased left both a spouse and children, the spouse is entitled to one-third of the estate.
• These legal right shares take priority and cannot be defeated by the terms of the will.