Step Children and Legal Right Share

12 March 2021


Just a quick note. I am acting for Seamus. A man in his mid 50s with no children and not previously married. Seamus is soon to marry his partner Margaret, who is now divorced and has three adult children. Margaret’s legal right share in the event that Seamus makes a will is one half and not one third. The legal right share is determined by whether Seamus has children and not whether there are children of the marriage between them. The step children of Seamus are not taken into account for legal right share.

S. 111 of SA 65 states “If the testator leaves a spouse and no children, the spouse shall have a right to one-half of the estate”.

You look at the position of the testator, not the position of the couple.