Succession Act 1965

Effect of devise or bequest to spouse F47 [ or civil partner ].

[New]

114

114. (1) Where property is devised or bequeathed in a will to a spouse F47 [ or civil partner ] and the devise or bequest is expressed in the will to be in addition to the share as a legal right of the spouse F47 [ or civil partner ], the testator shall be deemed to have made by the will a gift to the spouse F47 [ or civil partner ] consisting of—

( a) a sum equal to the value of the share as a legal right of the spouse F47 [ or civil partner ], and

( b) the property so devised or bequeathed.

(2) In any other case, a devise or bequest in a will to a spouse F47 [ or civil partner ] shall be deemed to have been intended by the testator to be in satisfaction of the share as a legal right of the spouse F47 [ or civil partner ].

Annotations:

Amendments:

F47

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 84, S.I. No. 648 of 2010.