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Simple English definitions for legal terms
bairn's part
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A quick definition of bairn's part:
Term: Bairn's Part
Definition: In Scottish law, when a father passes away, his surviving children have the right to share in his movable estate. This is called the bairn's part or legitim. If the father's spouse is still alive, the bairn's part is one-third of the estate. If there is no surviving spouse, the bairn's part is one-half of the estate.
Also known as: Legitim
A more thorough explanation:
Definition: Bairn's part is a term used in Scots law to refer to the right of any surviving lawful issue to share in the movable estate of the father. Legitim is another term used to describe this right. The legitim comprised one-third of the estate if there was a surviving spouse, or one-half otherwise.
Example: If a father passes away and leaves behind a movable estate worth $300,000, his surviving spouse and children would be entitled to a share of the estate. If there is a surviving spouse, the legitim or bairn's part would be one-third of the estate, which is $100,000. If there is no surviving spouse, the legitim or bairn's part would be one-half of the estate, which is $150,000.
This example illustrates how the bairn's part or legitim ensures that the surviving lawful issue of a father are entitled to a share of his movable estate. The amount of the bairn's part or legitim depends on whether there is a surviving spouse or not.