Restrictions on the freedom to dispose of one’s succession by will (reserved portion).
Last update: 10/3/2012
England and Wales, Northern Ireland:
Under English law, or the law of Northern Ireland, there are no fixed shares of the estate for the spouse or for the issue of the testator.
However, if the testator dies domiciled in England or Wales or in Northern Ireland,
- the wife or husband of the deceased,
- or a child of the deceased,
- or any other person who immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased, may apply to the court on the ground that the disposition of the deceased’s estate effected by his/her will or the law relating to intestacy, is not such as to make reasonable financial provision for the applicant. The court may then make orders for payments out of the net estate or for the transfer of property.
Scotland
The surviving spouse or civil partner and children are entitled to follow “legal rights” out of the deceased’s movable estate (not of immoveables!):
- The surviving spouse takes one third of the deceased’s moveable estate if the deceased left children (or one half of it if the deceased left no children).
- The children take another one third of the deceased’s moveable estate if the deceased left a spouse or civil partner (or one half of it if the deceased left no spouse or civil partner). Each child has an equal claim.
