Right of spouse under Succession Act

The act governs two situations in relation to the share to which a spouse is entitled on the demise of his or her partner. In circumstances where a Will has been created by the demised partner, the act provides that at all times the surviving spouse will be entitled to a share as a legal right. In circumstances where there is a spouse and no issue, the spouse is entitled to one-half of the estate, irrespective of the provisions of the Will. In circumstances where there is a surviving spouse and children, the spouse is entitled to take a one-third of the estate, irrespective of the terms of the Will. In circumstances where there is a spouse and grandchildren or other remoter issue, but no immediate children, the spouse is entitled to take one-half of the estate, irrespective of the provisions of the Will. In circumstances where there is no Will, i.e. where an intestacy is created, where there is a surviving spouse but no children, the spouse is entitled to the whole estate. In circumstances where there is a spouse with children, the spouse is entitled to take two-thirds of the estate and in circumstances where there is a spouse and grandchildren, or other remoter issue, the spouse is entitled to two-thirds of the estate.