Spousal legal right share calculator
Under Section 111 of the Succession Act 1965, a surviving spouse or civil partner has a protected minimum entitlement against the estate, one-half of the net estate where there are no children, or one-third where there are. This calculator shows the statutory minimum and compares it against what the will provides.
How the legal right share works
Section 111 of the Succession Act 1965 gives a surviving spouse (and, since 2010, a surviving civil partner under Section 111A) a statutory minimum share of the estate that cannot be reduced by will. The purpose is to prevent a testator disinheriting the surviving spouse entirely. The minimum depends on whether there are surviving children:
- No children: the spouse is entitled to one-half of the net estate.
- One or more children: the spouse is entitled to one-third of the net estate.
When the election is made
If the will already provides the surviving spouse with at least the legal right share, no election is needed. The will controls. If the will provides less than the legal right share, the spouse can elect to take the legal right share instead of what the will provides.
The election must be made in writing within six months of the Grant of Probate issuing. The executor has a statutory duty under Section 115 to notify the surviving spouse of the right within two months of the Grant. If no election is made within the six-month window, the spouse is deemed to have accepted the will.
The election is all-or-nothing: the spouse cannot take the legal right share plus extra gifts in the will. Choosing the legal right share replaces the will's provision for the spouse entirely.
The family home
Section 56 of the Succession Act gives the surviving spouse a parallel right to require the family home and its household chattels to be appropriated to satisfy the legal right share, even where the will leaves the home to someone else. This is particularly valuable where the home is more than one-half (or one-third) of the net estate.
What the legal right share does not do
It does not apply to:
- Unmarried partners, even long-term cohabitants (they may have separate rights under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010)
- Divorced former spouses (subject to any court order at the time of divorce)
- A separated spouse who has renounced succession rights in a valid separation deed
If you are a child rather than a spouse and believe the will failed in the parent's moral duty to you, see the Section 117 claim deadline calculator.
This calculator is a preparation tool using Irish tax rates and rules for 2026. It is not legal or tax advice. For complex estates, consult a solicitor or tax adviser. All values are estimates based on the information you provide.