Legal Definitions - dead man's part

The term dead man's part refers to the portion of a deceased person's estate that they were legally entitled to distribute according to their own wishes, typically through a will. This concept is most relevant in legal systems where certain immediate family members, such as a spouse or children, have a legal right to a specific share of the estate, regardless of what the will might say. After these legally protected shares are set aside for the family, the remaining portion is the "dead man's part"—the part over which the deceased had complete freedom to bequeath as they saw fit. It primarily applies to movable property (such as money, investments, and personal possessions) rather than immovable property (like land or buildings).

• Example 1: Leaving a Legacy to a Friend

  Mr. Henderson passes away, survived by his wife and two adult children. Under the laws of his jurisdiction, his wife is entitled to one-third of his movable estate, and his children collectively to another third. The remaining one-third of Mr. Henderson's movable estate constitutes the dead man's part. This is the portion he was free to bequeath as he wished in his will. For instance, he could leave this one-third to his lifelong friend, Ms. Davies, or to a specific charity, without infringing upon the legally protected shares of his wife and children.

• Example 2: Supporting a Cause

  Ms. Chen, a widow with one adult child, dies. Her jurisdiction's law stipulates that her child has a legal right to a certain percentage of her movable assets. After her child's legally reserved share is accounted for, the rest of Ms. Chen's movable estate is the dead man's part. She could, for example, use her will to direct this portion to an environmental conservation fund she passionately supported, knowing that her child's statutory inheritance is already secured.

• Example 3: Full Discretion

  Mr. Patel, who was never married and had no children, passes away. In this situation, because there are no immediate family members (spouse or children) with legally reserved shares, the entire movable estate of Mr. Patel would be considered the dead man's part. He had complete freedom to leave all of it to whomever or whatever he chose in his will, such as a distant cousin, a university scholarship fund, or even multiple beneficiaries.