Jus relictae, jus relicti meaning

In Scots succession practice, jus relictae (widow’s right) and jus relicti (widower’s right) describe the surviving spouse or civil partner’s automatic legal rights share in the deceased’s net moveable estate. If the deceased left issue (children or remoter descendants), that share is one-third; if no issue, it is one-half. These legal rights apply whether or not there is a will, cannot be defeated by testamentary provisions, and attach only to moveable property (for example, cash, investments and household contents), not heritable property (land and buildings). They are calculated after payment of debts, funeral expenses and satisfaction of the survivor’s prior rights. The Latin terminology is traditional rather than statutory; the rights themselves arise at Scots common law and are preserved by the Succession (Scotland) Act 1964 (as amended). They now apply equally to civil partners. Usage is specific to Scotland. England and Wales and Northern Ireland do not recognise a fixed “legal rights” share; a surviving spouse or civil partner must seek reasonable financial provision (1975 Act/1979 Order). In Ireland, the Succession Act 1965 provides a distinct statutory legal right share over the whole estate; the Latin terms are not used.