Where there is a will
- If there is a will and no children – ½ of the net estate
- If there is a will and children – 1/3 of the net estate
- If the spouse has been given a benefit in the will then the spouse has to elect either to take the legal entitlement or the benefit set out in the will.
- Strict time periods apply and if the election is not made within the time period the spouse will take what is given under the will and not the statutory legal entitlement (known as the Legal Right Share).
- The Legal Right Share can be renounced or may cease in certain circumstances for example as part of a separation, on divorce or under unworthiness to succeed provisions.
Where there is no will
- If there is no will and no children – 100% of the net estate
- If there is no will and children – 2/3 of the net estate the remaining 1/3 of the net estate goes to the children.