If you die having made a will your spouse will have a right to one half of your estate where there are no children. Where there are children your spouse will be entitled to one third of your estate. This is known as the legal right share. The legal right share ranks in priority after the rights of creditors over all other beneficiaries.
If you leave a gift to your spouse in your will your spouse has the right to either take the legal right share or take the gift.
A surviving spouse may subject to some restrictions require the Executor to appropriate the family home in or towards satisfaction of the legal right share.
If you die without making a will your spouse will be entitled to two thirds of your estate, where you have children. Where there are no children your spouse will be entitled to the whole of your estate.
This article is for information purposes only and each case must be examined in accordance with the facts of that case. If you have any queries in relation to the above information, please complete the contact form and MBSolicitors will be happy to assist you.