Restrictions on the freedom to dispose of one’s succession by will (reserved portion).

Under Irish law, even if the testator did not provide any disposition in favour of his/her spouse and children, the following legal rights for the testator’s spouse and provisions for children apply:

Spouse

The spouse has the following legal rights:

• If the testator 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 one-third of the estate.

Children

Where, on application by or on behalf of the children of a testator, the court is of the opinion that the testator has failed in his/her moral duty to make proper provision for the children in accordance with his/her means, whether by his/her will or otherwise, the court may order that such provision shall be made for the children out of the estate as the court thinks just.

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