Legitim meaning

In Scots succession practice, legitim is the children’s “legal rights” claim: an automatic, enforceable share of a deceased parent’s net moveable estate, regardless of what the will says. It forms part of Scotland’s forced heirship rules and is recognised and regulated principally by the Succession (Scotland) Act 1964. The children’s collective fund (the “legitim fund”) is one half of the moveable estate if there is no surviving spouse or civil partner, or one third where there is; the remaining share(s) fall to free estate and, where relevant, the spouse/civil partner’s legal rights (jus relicti/jus relictae). The fund is shared among issue (including adopted children) per stirpes and can be claimed whether the estate is testate or intestate. It must be actively claimed, generally prescribes after 20 years, and a beneficiary normally cannot take both legitim and a legacy unless the will provides cumulatively. The term is specific to Scotland. It is not used in England and Wales or Northern Ireland, which have no forced heirship but allow family provision claims (Inheritance (Provision for Family and Dependants) Act 1975; 1979 NI Order). In Ireland, there is no children’s legitim; spouses/civil partners have a legal right share, and children may seek provision under section...