Succession Act 1965 section 112

Priority of legal right

Section 112 establishes the priority that a surviving spouse's or civil partner's legal right share takes over other entitlements from the deceased's estate.

• The statutory share of a surviving spouse or civil partner is known as a "legal right"
• This legal right takes priority over all gifts left by will, whether of property (devises) or other assets (bequests)
• The legal right also takes priority over any shares that would arise on intestacy (i.e. where there is no valid will or only a partial will)
• However, the legal right ranks after the rights of creditors of the deceased, meaning debts must be paid first