Legal right share: plain-English guide for Irish probate
The minimum share a surviving spouse or civil partner is entitled to by law, regardless of what the will says.
What it means, in plain English
The legal right share is the minimum share of an estate that a surviving spouse or civil partner is entitled to under Irish law, regardless of what the will says. The figure is one-third of the estate if the deceased left children, or one-half of the estate if there are no children.
Legal right share in Irish probate practice
The legal right share is set out in Section 111 of the Succession Act 1965 for spouses and Section 111A for civil partners. It is a powerful entitlement: the surviving spouse can elect to take the legal right share in preference to whatever was left to them in the will. The election must be made within a time limit, generally six months of the Grant of Probate issuing. The executor has a statutory duty to notify the surviving spouse of the right within two months of the Grant, and to notify the Probate Office if the spouse makes the election. The legal right share is calculated on the net estate, after debts, funeral expenses, and liabilities. If the will already provides more than the legal right share, no election is needed because the will's provision is better. If the will provides less, the spouse can choose. The legal right share only applies to married or civilly-partnered couples: long-term unmarried partners have no equivalent automatic entitlement, although they may have separate rights under cohabitant legislation.
Worked example
Eileen's husband Patrick dies leaving a will that bequeaths the family home to their three adult children in equal shares and leaves Eileen only a lump sum of €40,000. The estate is worth €620,000. Under Section 111, because there are children, Eileen's legal right share is one-third of the estate, which is €206,666. Eileen elects to take the legal right share within the six-month window. The executor adjusts the distribution: Eileen receives €206,666, and the remaining €413,334 is divided among the children according to the will's proportions on the balance.
The statutory position
Sections 111 and 111A of the Succession Act 1965 govern the legal right share for spouses and civil partners respectively. Section 115 sets the executor's notification duty. Section 114 sets the six-month election window from the date of the Grant. The legal right share applies only to married spouses and registered civil partners, not to cohabitants.
Related terms in this glossary
Related reading
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