Children’s rights under a will

Under Section 111 of The Succession Act 1965 if a Testator (person making a Will) leaves a spouse and no children the spouse shall have a right to one half of the estate. If the Testator leaves a spouse and children the spouse shall have a right to inherit one third of the estate.

Therefore, a child’s entitlement to inherit under a Will is entirely dependent on the Will itself.

In an intestate situation where the deceased has not made a Will, a spouse or civil partner is entitled to inherit two thirds of the estate, children are entitled to inherit the remaining one third of the estate.

Take for example the following example.

  • If the deceased dies without making a Will and has a spouse and three children the estate is divided in the following manner.
  • 2/3 to spouse and 1/3 child to A, 1/3 to child B, 1/3 to child C.

It is vital that parents understand for the purposes of inheritance who is a considered a child. Under the Succession Act, a child is obviously blood related and includes a child born outside marriage and a child adopted. However, it does not include stepchildren and foster children.

We would always recommend people take the time to consider making a Will and dealing with their affairs. Should you have any issues on the above please don’t hesitate to contact us.


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