In Scots law, ''jus relictae'' is the right of the surviving spouse in the moveable property 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. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...

, but the right accrues from moveable 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 moveable property during his lifetime or by its conversion into heritable property.

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. Along with Prime, Sext, None, and Compline, Terce belongs ...

) on the deceased spouse's lands. Thus, under

Scots law Scots law () is the List of country legal systems, legal system of Scotland. It is a hybrid or mixed legal system containing Civil law (legal system), civil law and common law elements, that traces its roots to a number of different histori ...

, both moveable and heritable property were subject to the rights of a surviving spouse and children. However, 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 ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25 ...

, 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

* * * * Latin legal terminology Scots law legal terminology {{Latin-legal-phrase-stub