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Definition

Jus relictae (Scots law): The right of the surviving spouse in the movable goods of the deceased spouse.

Jus relictae is the term used for a surviving wife, and jus relicti is the term used for a surviving husband. The similar right for any surviving children is referred to as legitim.

The deceased must have been domiciled in Scotland, but the right accrues from movable property, wherever situated. The surviving spouse's right vests by survivance, and is independent of the deceased spouse's testamentary provisions; it may however be renounced by contract, or be discharged by satisfaction. It is subject to alienation of the deceased spouse's movable estate during his lifetime or by its conversion into heritage.

The definition was constructed from the sources. [1] [2] [3] [4]

[edit] Additional explanationsEdit

The surviving spouse also has a right of terce (not the same as the religious term terce) on the deceased spouse's lands. Thus, under Scots law, both movable and immovable property are subject to the rights of a surviving spouse and children.

[edit] Sources and referencesEdit

  1. ^ Bell, William (1861). Dictionary and Digest, Law of Scotland, with Short Explanations of the most Ordinary English Law Terms (Revised and Corrected with Numerous Additions by George Ross ed.). Edinburgh: Bell & Bradfute.
  2. ^ Shumaker, Walter A.; George Foster Longsdorf (1922). The Cyclopedic Law Dictionary (Second Edition by James C. Cahill ed.). Chicago: Callaghan and Company.
  3. ^ "Scottish Language Dictionaries". http://www.dsl.ac.uk/dsl/. Retrieved March 1, 2008.
  4. ^ "Legal rights: introduction". HM Revenue and Customs. http://www.hmrc.gov.uk/manuals/ihtmanual/IHTM12221.htm. Retrieved November 28, 2007.