Wills
A Will is a witnessed document that provides for the distribution of a person’s property subsequent to their death. A will allows a testator to appoint executors in order to administer their estate in accordance with the wishes as set out in the Will by the testator. It is important to note that in circumstances where there is a surviving spouse/civil partner (who hasn’t renounced their rights) then that spouse/civil partner is entitled to a legal right share of your estate under the Succession Act 1965 (as amended by the Civil Partnership and Certain Rights and obligations of Cohabitants Act 2010) as follows:
- If there are no children, the legal right share is half of the estate
- If there are children, the legal right share is one-third of the estate. (The children are not necessarily entitled to the rest.). The surviving spouse or civil partner may require that the family home be given to them in accordance with the legal right share.
Unlike a spouse or civil partner, children have no absolute right to inherit their parent’s estate if the parent has made a will. However, if a child considers that they have not been adequately provided for, they may make an application to the court under section 117 of the Succession Act, 1965.