Jus relictae
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| Property law |
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| Part of the common law series |
| Acquisition of property |
| Gift · Adverse possession · Deed |
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| Covenant running with the land |
| Equitable servitude |
| Related topics |
| Fixtures · Waste · Partition |
| Riparian water rights |
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| Assignment · Nemo dat |
| Other areas of the common law |
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Jus relictae, in Scots law, is the widow's right in the movable property of her deceased husband. The deceased must have been domiciled in Scotland, but the right accrues from movable property, wherever situated.
The widow's provision amounts to one-third where there are children surviving, and to one-half where there are no surviving children. The widow's right vests by survivance, and is independent of the husband's testamentary provisions; it may however be renounced by contract, or be discharged by satisfaction. It is subject to alienation of the husband's movable estate during his lifetime or by its conversion into heritage.
[edit] References
- This article incorporates text from the Encyclopædia Britannica Eleventh Edition, a publication now in the public domain.
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