Succession Act 1965 section 111A

Right of surviving civil partner

Section 111A sets out the minimum share of a deceased person's estate that a surviving civil partner is automatically entitled to, regardless of what the will says.

• A surviving civil partner has an automatic legal right to a fixed share of the deceased partner's estate.
• Where the deceased leaves a civil partner but no children, the civil partner is entitled to one-half of the estate.
• Where the deceased leaves both a civil partner and children, the civil partner's entitlement is reduced to one-third of the estate.
• The one-third share where there are children is subject to the court's power under section 117(3A) to make provision for children who have not been adequately provided for.