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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2011 - onwards
Version 3 of 3

114. Effect of devise or bequest to spouse or civil partner.

(1) Where property is devised or bequeathed in a will to a spouse 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 or civil partner, the testator shall be deemed to have made by the will a gift to the spouse or civil partner consisting of -

(a) a sum equal to the value of the share as a legal right of the spouse 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 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 or civil partner.