Jus relictae

Jus relictae

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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. [ cite book
last = Bell
first = William
title = Dictionary and Digest, Law of Scotland, with Short Explanations of the most Ordinary English Law Terms
edition = Revised and Corrected with Numerous Additions by George Ross
year = 1861
publisher = Bell & Bradfute
location = Edinburgh ] [ cite book
last = Shumaker
first = Walter A.
coauthors = George Foster Longsdorf
title = The Cyclopedic Law Dictionary
edition = Second Edition by James C. Cahill
year = 1922
publisher = Callaghan and Company
location = Chicago ] [cite web
title = Scottish Language Dictionaries
url = http://www.dsl.ac.uk/dsl/
accessmonthday=March 1
accessyear=2008] [cite web| title=Legal rights: introduction
url=http://www.hmrc.gov.uk/manuals/ihtmanual/IHTM12221.htm
publisher=HM Revenue and Customs
accessmonthday=November 28
accessyear=2007]

Additional explanations

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.

ources and References


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