Inheritance Rights of Spouses in Ireland — The Legal Right Share

Irish law provides strong inheritance protections for spouses and civil partners. Even if a will deliberately excludes a spouse or leaves them very little, the law guarantees them a minimum share of the estate — the legal right share.

What Is the Legal Right Share?

Under Section 111 of the Succession Act 1965, a surviving spouse or civil partner is entitled to a minimum portion of their deceased spouse's estate, regardless of what the will says:

• One-half of the estate if there are no children
• One-third of the estate if there are children

This is a legal entitlement — it cannot be taken away by will, although a spouse can choose to elect not to exercise it (waive it).

How Does the Legal Right Share Work in Practice?

The legal right share operates as follows:

1. First, any specific legacies left to the spouse under the will are noted
2. The spouse can elect to take what the will gives them, or to take their legal right share, but not both (unless the will gives more than the legal right share)
3. The election must be made within 6 months of the Grant of Probate, or 1 year from the date of death — whichever is later
4. The executor must notify the surviving spouse of their right to elect

Is the Legal Right Share Exempt from CAT?

Yes. Inheritances between spouses and civil partners are completely exempt from Capital Acquisitions Tax, including the legal right share. See: Inheritance Tax Ireland.

Legal Right Share and the Family Home

The surviving spouse has a special right under Section 56 of the Succession Act to have the family home appropriated in or towards their share of the estate. This means the surviving spouse can insist on receiving the family home (rather than cash) as part of their inheritance, where the home's value does not exceed their share.

Can a Spouse Be Disinherited?

Not easily. However, in limited circumstances:

• A court can reduce or extinguish the legal right share if the surviving spouse was guilty of serious misconduct (e.g., attempted murder of the deceased)
• A pre-nuptial agreement (separation agreement) can include a voluntary waiver of the legal right share
• A spouse who is legally separated under a court order or deed of separation may have reduced or extinguished inheritance rights, depending on the terms of the separation

What About Divorced Spouses?

A divorced person (where the divorce was granted in Ireland under the Family Law (Divorce) Act 1996) loses their legal right share. However, the divorce court can make financial provision orders that affect the estate — always seek legal advice in divorce situations.

Cohabiting Partners — No Automatic Right

Unmarried partners have no legal right share. Their only protection is a valid will made in their favour, or a discretionary court application under the cohabitants' rights legislation. See: Intestacy Rules Cork.