Succession Act 1965 section 114

Effect of devise or bequest to spouse

Section 114 deals with how a gift left to a spouse or civil partner in a will interacts with their automatic legal right share of the estate.

• Where a will expressly states that a gift to a spouse or civil partner is in addition to their legal right share, the spouse or civil partner is treated as receiving both the legal right share and the gifted property.
• Where the will does not expressly state this, any gift to the spouse or civil partner is presumed to be intended as a substitute for (i.e. in satisfaction of) their legal right share.
• The distinction matters because it determines whether the spouse or civil partner receives the gift on top of their legal right share or instead of it.
• In either scenario, the spouse or civil partner retains a right of election under section 115 to choose between what the will provides and their legal right share.