Legal Definitions - bairn's part

The term bairn's part refers to a specific legal right in certain jurisdictions, most notably Scots law. It represents the entitlement of children to a share of their deceased parent's movable estate, regardless of what the parent's will might state.

Essentially, it is a legal safeguard that ensures children receive a portion of their parent's personal property (such as money, investments, vehicles, and household goods) upon their death. This right cannot be overridden by a will that attempts to disinherit a child or distribute movable assets unequally in a way that falls below the legally mandated share. It applies only to movable property, not to immovable property like land or buildings.

• Example 1: Disinheritance Attempt

  Mr. Wallace, a wealthy widower, had a strained relationship with his only son. In his will, he explicitly stated that all his bank accounts, shares, and valuable art collection (his movable estate) should be left to a distant cousin, completely excluding his son.

  How it illustrates the term: Despite Mr. Wallace's clear intention to disinherit his son from his movable assets, his son can still claim his bairn's part. This legal right ensures that the son receives a specific, legally defined share of his father's movable estate, overriding the will's attempt to exclude him entirely from these particular assets.

• Example 2: Unequal Distribution

  Mrs. Fraser had three adult daughters. In her will, she decided to leave 80% of her substantial investment portfolio and cash savings to her eldest daughter, who had provided her with extensive care, and only 10% to each of her other two daughters.

  How it illustrates the term: The two daughters who received the smaller shares can invoke their bairn's part. This allows them to claim a larger, legally mandated share of Mrs. Fraser's movable estate than what was specified in the will, ensuring a more equitable distribution of these specific assets among all her children, as per the law, despite their mother's unequal testamentary wishes.

• Example 3: Conditional Inheritance

  Mr. McGregor's will stipulated that his daughter, Fiona, would inherit a significant portion of his movable assets, including his antique coin collection and valuable jewelry, only if she married before the age of 30.

  How it illustrates the term: Fiona can still claim her bairn's part of her father's movable estate without needing to fulfill the marriage condition set in the will. The bairn's part is an unconditional legal entitlement for children to a share of movable property, which cannot be made subject to conditions by the deceased's will.