In Scots law, ''jus relictae'' is 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
Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast ...
, 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
Heritage may refer to:
History and society
* A heritage asset is a preexisting thing of value today
** Cultural heritage is created by humans
** Natural heritage is not
* Heritage language
Biology
* Heredity, biological inheritance of physica ...
.
Additional explanations
Prior to 1964 the surviving spouse also has a right of terce (not the same as the religious term
terce
Terce is a canonical hour of the Divine Office. It consists mainly of psalms and is held around 9 a.m. Its name comes from Latin and refers to the third hour of the day after dawn. With Sext, None and Compline it belongs to the so-called "Litt ...
) 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. Section 10(1) of the Succession (Scotland) Act 1964 abolished the common law rights of 'terce' and 'courtesy'. Only jus relictae, jus relicti and legitim remain.
The legal principles of ''jus relictae'' and legitime also remain active in the US state of
Louisiana
Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
,
which differs from the other 49 states as it operates under a
civil law code similar to the Napoleonic code and Roman law rather than common law.
References
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Latin legal terminology
Scots law legal terminology
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