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The September Newsletter

Sep 16, 2026 Posted by: Jacquelyn Dunne

Hi there,

We’re more than halfway through September, and my lazy summer days seem like a lifetime ago.

I finished the summer with four nights in Torremolinos with my mother and her seven children — me, my five sisters and my one and only brother. We were there to celebrate my brother’s 50th birthday. My very first brother-in-law, who joined our family 36 years ago, also came along to celebrate his 60th, as did my brother’s wife, Gráinne.

It was the perfect way to finish the summer, and I came home feeling refreshed and ready to begin again.

For me, the 1st of September is always like a second New Year. I find it comforting to get back into a routine — the children back at school, eating well again and returning to normality.

This month, I want to explain something that many people have never heard of until it affects their own family: the legal right share of a spouse.

What Is The Legal Right Share?

Under Irish law, you cannot necessarily disinherit your husband or wife simply by leaving them out of your Will. Even if you are both in agreement about what is to go into your Wills, you still need to be aware of the effect the legal right share could have on your estate.

If you die leaving a spouse and children, your spouse is legally entitled to one-third of your estate.

If you die leaving a spouse but no children, your spouse is legally entitled to one-half of your estate.

This entitlement is known as the spouse’s legal right share. It applies regardless of what the Will says.

Therefore, even if one spouse makes a Will leaving everything to their own children from a previous relationship, their nieces or nephews, or somebody else, the surviving spouse may still be entitled to claim a share of the estate when their spouse dies.

All the surviving spouse has to do is inform the executor that they wish to claim their legal right share. It does not matter that, when the Will was made, the surviving spouse expressed their agreement with its terms. They are entitled to change their mind after their spouse dies.

What If The Couple Was Separated?

This is something that often surprises people.

An informal separation does not necessarily bring the legal right share to an end. A couple may have lived completely separate lives for many years, but if they remain legally married when one of them dies, the surviving spouse may still have an entitlement.

I have met many clients over the years who have been separated for more than ten years. In one case, the lady did not even know where her estranged husband was anymore.

However, when she came to me to make her Will, I had to explain that her estranged husband could return after her death and claim one-third of her estate without even having to go to court to fight for it.

We needed to consider either a divorce, a formal separation which properly addressed their succession rights, or having her husband sign a Section 113 Renunciation, which I explain below.

The executor would be obliged to contact the estranged spouse, inform them of their spouse’s death and notify them of their right to claim their legal right share. Therefore, in the case of that particular client, there would be no way of concealing the entitlement from her estranged husband after her death.

When Does This Commonly Cause Difficulty?

The legal right share often becomes particularly important where two people marry later in life and each has children from a previous relationship.

They may agree that each person’s property will ultimately pass to their own children. For example, the wife may want her assets to pass to her children, while the husband wants his assets to pass to his children.

They may both be completely comfortable with that arrangement when making their Wills. However, simply making Wills which reflect their wishes may not be enough.

If one spouse dies first, the surviving spouse may still be legally entitled to claim a share of the deceased spouse’s estate.

The surviving spouse may be perfectly happy with the arrangement today, but circumstances can change. Relationships can change, financial needs can change and, following a death, a person may simply change their mind.

That can create uncertainty for the children or other beneficiaries named in the Will.

What About Property Inherited By Your Own Family?

The same issue can arise where a married person with no children owns land, a house or other property which came from their parents or their side of the family.

They may want that property to return to their nieces, nephews, siblings or other relatives after their death.

If that person dies without making a Will, their surviving spouse will ordinarily inherit the entire estate because there are no children.

When the surviving spouse later dies, the property may then pass under the survivor’s Will to their own family. If the survivor also dies without a Will, it may pass under the rules of intestacy to the survivor’s relatives.

This could mean that property which came from one side of the family eventually passes entirely to the other side, with the original family receiving nothing.

The property owner may try to prevent this by making a Will leaving the inherited property to their own nieces, nephews or other family members. However, if this leaves their spouse with less than their legal entitlement, the surviving spouse may still be able to claim their legal right share.

Depending on the value of the other assets in the estate, the inherited land or property might then have to be sold or transferred to satisfy that entitlement.

Can A Spouse Give Up The Legal Right Share?

Yes.

Section 113 of the Succession Act 1965 allows a spouse to renounce their legal right share in writing. This can be done before or during the marriage.

A renunciation may be worth considering where:

• Both spouses have children from previous relationships and want their assets to pass to their respective children.

• One spouse wants inherited land or property to remain within their own side of the family.

• The spouses have agreed to keep their assets and succession arrangements separate.

• A Will leaves a spouse less than the legal right share to which they would otherwise be entitled.

However, a Section 113 Renunciation is a significant legal document and should never be treated as a mere formality. Each spouse should obtain separate and independent legal advice so that they fully understand what they are giving up.

It is not enough for spouses simply to tell each other that they are happy with the arrangements. Neither is it enough to record in their Wills that each person wants their own property to pass to their own family.

If your Will leaves your spouse less than one-third of your estate where you have children, or less than one-half where you have no children, you should specifically discuss the legal right share with your solicitor.

Your solicitor can advise whether a Section 113 Renunciation is appropriate and prepare it to reflect your particular circumstances.

A Final Thought..

Making a Will is about more than deciding who you would like to inherit your property. It is also about identifying anything that might prevent those wishes from being carried out.

If you and your spouse have children from previous relationships, have inherited property which you want to keep within your own family, or have agreed that your assets should ultimately pass to different beneficiaries, the legal right share should form part of your estate-planning conversation with your solicitor.

As always, every family and every estate is different. Proper advice now can prevent uncertainty, expense and family disputes later.

I hope you found this helpful. Even if the issue does not apply directly to you, you may know someone who would benefit from understanding it, so please feel free to pass the information on.

Your Exclusive Journey Member Resource

As an exclusive member and owner of The Journey, I am also giving you an example of a Section 113 Renunciation to accompany this month’s newsletter.

You can access the precedent below. It will also remain available in the Resources section of the Members Hub should you ever need to refer back to it.

[ACCESS THE SECTION 113 RENUNCIATION]

Please remember that this is an example precedent provided for your information and reference. A renunciation of a spouse’s legal right share is a significant legal document with serious consequences.

It should not be completed or signed without first discussing your particular circumstances with your solicitor. Each spouse should also obtain separate and independent legal advice before entering into a renunciation.

This is one of the additional resources I provide exclusively to members of The Journey, and I hope you find it useful.

Warmly,
Jacquelyn
xxx

A Simple Clause That Could Save You Thousands

Jul 29, 2026 Posted by: Jacquelyn Dunne

Hi Everyone,

So here we are... nearly the end of July. I honestly can’t believe how quickly the children’s summer holidays are flying by.

I’m writing this from our mobile home by the sea while the kids are still asleep. The sun is shining through the windows and for once, it feels like we’re having a proper Irish summer. Long may it last!

Although I’m trying to enjoy every minute with the family, I’m still working away in the background. It has also given me some quiet time to think about what information would genuinely help you the most.

This month, I want to share something that could potentially save your loved ones a significant amount of inheritance tax.

A Simple Clause That Could Save You Thousands..

Some time ago I spoke about this in a video, but I wanted to revisit it because it’s one of those small details that can make a very big difference.

I’m also including a draft clause that you can discuss with your own solicitor when making or updating your Will.

Before you read it, let me explain why it matters.

Imagine you own a house and you know that, after your death, your beneficiaries will almost certainly sell it. It doesn’t matter whether you’re leaving it to your children, nieces, nephews or anyone else.

In one recent case, a lady left her home equally to her son and daughter. After she passed away, they agreed to sell the property, exactly as their mother would have expected.

The estate also contained a substantial amount of cash. The beneficiaries value of their inheritance was so substantial, it meant that there would be inheritance tax payable by them.

By the time the house was sold, the legal fees for the sale and auctioneer’s fees came to almost €20,000.

The beneficiaries’ accountant tried to claim those selling costs as a deduction against their inheritance tax liability.

Unfortunately, Revenue would not allow it.

Why?

Because the will didn’t DIRECT that the property should be sold.

The beneficiaries made that decision after their mother’s death.

Had the Will specifically directed the sale of the property, those costs could potentially have reduced their inheritance tax liability.

It’s a simple clause, but one that can make a real financial difference in the right circumstances.

Click on the link below where you will find some precedent clauses you can discuss with your solicitor to see which suits your circumstances.

Learn more

A Little Reminder..

If you’ve already completed your Will, why not take ten minutes this month to work through the Review of Will Checklist inside the Members’ Hub?

You may discover that your Will still perfectly reflects your wishes.

Or you might realise that a small update now could save your family a lot of difficulty later.

Log In To Members' Hub

Before I Go..

I hope you’ve started filling in The Journey.

Every section you complete is one less question your loved ones will have to answer during what will already be a difficult time.

Thank you, as always, for being part of this community.

It really does mean the world to me.

One last thing..

From now until the end of August, your friends and family can receive €20 off The Journey by using the code:

JOURNEY20

If you know someone who has been meaning to get organised, feel free to share this code with them.

Hope you are all enjoying the summer sun and thank you for always being so supportive.

As always, I hope this helps.

Warmly,
Jacquelyn
xxx

A Gentle Note on Grief, Support and Someone to Listen

Jun 23, 2026 Posted by: Jacquelyn Dunne

Hi Everyone,

I can’t believe it’s June already. I’m looking forward to both of my children being on their summer holidays. We head to our mobile home in the sunny south-east as soon as school finishes and I spend as much time working from there as possible. There is something about waking up by the sea every morning that is good for the soul.

The mobile home park is also the place where Dad spent the last few months of his life.

Someone said to me at the funeral that Dad had once told them that if he died there, he would die a happy man.

I think he did.

Remembering Dad

As many of you know, we lost Dad on the 7th of August last year.

Dad was a typical farmer, a man’s man. Six foot two with hands like shovels. You could easily be intimidated by his size and stature. But he was also one of the kindest and most loving men you could ever meet.

Recently, Dad's cousin Catherine popped down from Dublin on one of her visits to us.

Dad was very fond of Catherine.

Catherine has the warmest personality, softly spoken and knows how to say the right thing at the right time. Catherine so happened to be with us the night before Dad passed and I know that her soft voice and words would have brought Dad comfort.

The Bereavement Support Line

On this recent visit to us, Catherine told me that she does work for the Irish Hospice Foundation and in particular with the Bereavement Support Line.

I never knew this and I had never heard of this support line before.

Catherine said it was an underused service and that this may be because not enough of the right people know about it. So, I said I would use this month’s newsletter to spread the word.

Catherine explained to me that the service is a telephone line that has someone monitoring it from Monday to Friday, 10am to 1pm. The person at the end of the line is not a psychologist or doctor but they are trained in bereavement support.

In other words, they are a good ear to listen to you.

Bereavement Support Line

1800 807 077
Open Monday to Friday, 10am – 1pm

A free telephone support line for anyone experiencing grief or bereavement.

Grief Does Not Always Move in a Straight Line

Dad was the first in my family to pass. At 47 years of age, I am experiencing real grief for the first time.

I do appreciate that this is a privilege that not everyone gets and that I have reached a good old age without having to feel the pain of losing a loved one.

I see that grief is such a funny old thing.

I would have assumed that as time goes on it would be easier. But for me it was the weeks right after we lost Dad that were the hardest and now, coming up to his first anniversary, I find myself looking back at photographs from this time last year, seeing him sitting out enjoying the sun in his and Mam’s mobile in the sunny south-east.

What I have found over the year is that when one of my family members is feeling sad, this may not be the moment I am feeling sad. And so do we stop expressing our sadness because we don’t want to bring the other one down at a time when they are not feeling it and you are.

When You Need an Ear to Bend

I am blessed as I have a very open and close family in Mam, my brother and my five sisters and I know I will always have an ear to bend if I need one.

But after speaking with Catherine about the Bereavement Support Line, I realised that not everyone has that ear to bend, to listen to them talk about the good times and the bad times with their loved one, to go over the actual days, hours and moments that they watched them taking their last breaths.

It’s these moments that will never leave you.

And this is where the Bereavement Support Line can help.

No one has to know you have called the line. The person on the other side doesn’t need to know your name, where you’re from or your circumstances. It’s simply an ear to listen because sometimes we just need to get those words and thoughts out of our minds and our hearts.

Sometimes we don’t want to bring another loved one down to our depths of momentary despair and feeling of overwhelm but sometimes the only way to deal with those feelings is talking.

Please Share This With Someone Who May Need It

I would love you to spread the details of this line to everyone you know as, without you realising it, your mum, brother, sister, child, friend or neighbour may be struggling but they just don’t want to bring you down and change the mood of the conversation.

What I found interesting is that the Bereavement Support Line also welcomes calls from people who have lost a pet. Those working on the support line deal with all forms of grief.

Support Leaflets From the Irish Hospice Foundation

The Irish Hospice Foundation created some excellent support leaflets which may help guide you and give you some peace. I have attached them here so you can access the one that may apply to you or pass it to someone you know who could do with it. If you click on the links below you can download them.

A line I found particularly interesting from the leaflet on losing a spouse or partner is this:

“For many years, the emphasis in helping the bereaved was on recovery, as if bereavement was an illness. Over the last 20 years, the focus has shifted and today, the need to adapt to this life event is seen as one of the key factors in coping with the death of a partner or spouse.”

I find this so true.

You may never fix your grief and that’s ok. It may be a feeling that is there to stay. But if you can learn to adapt to your new way of life while sitting with that feeling, well then you are doing better than you give yourself credit for and I’m so proud of you.

All my love xx

Jacquelyn

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