Succession Act 1965 section 113

Renunciation of legal right

Section 113 sets out the circumstances in which a spouse may voluntarily give up their legal right to a share of the deceased spouse's estate.

• A spouse has a legal right to a share of the other spouse's estate, but this right can be renounced.
• Renunciation can be made before marriage through a written ante-nuptial contract between the parties to the intended marriage.
• Renunciation can also be made after marriage, provided it is in writing and made during the lifetime of the testator (the spouse who makes the will).
• In all cases, the renunciation must be in writing to be valid.