Legal Definitions - jus relictae

Jus relictae refers to a legal right, primarily recognized in Civil and Scots law, that allows a widow to claim a specific share of her deceased husband's movable estate.

The term "movable estate" includes assets like bank accounts, investments, vehicles, furniture, and personal belongings, but generally excludes immovable property such as land or buildings. The exact share the widow is entitled to depends on whether there are surviving children:

• If the deceased husband is survived by children, the widow's share under jus relictae is typically one-third of the movable estate.
• If there are no surviving children, the widow's share under jus relictae is typically one-half of the movable estate.

Here are some examples to illustrate how jus relictae might apply:

• Example 1: Widow with Children

  Mr. Henderson passes away, leaving behind his wife, Sarah, and their two adult children. His estate includes a substantial savings account, a collection of antique watches, and a classic car, all considered movable property. Under the principle of jus relictae, Sarah would be entitled to claim one-third of the value of these movable assets, regardless of what his will might state regarding these specific items. The remaining two-thirds would then be distributed according to his will or intestacy laws among his heirs, including the children.

• Example 2: Widow Without Children

  Mrs. Davies' husband, John, dies unexpectedly. They had no children. John's estate consists of a significant portfolio of stocks and bonds, as well as several valuable pieces of artwork. Because there are no children, Mrs. Davies can exercise her right of jus relictae to claim one-half of the total value of these movable assets. This portion is legally reserved for her, ensuring she receives a share of their joint accumulation of wealth even if John's will had attempted to disinherit her from these specific assets.

• Example 3: Differentiating Movable and Immovable Property

  When Mr. Chen dies, his estate includes a family home, a vacation condominium, a yacht, and a large sum of money in various investment accounts. His wife, Ling, seeks to understand her rights. The jus relictae would apply to the yacht and the investment accounts, as these are considered movable property. However, the family home and the vacation condominium are immovable property (real estate) and would not fall under Ling's jus relictae claim. Her rights to the real estate would be determined by other aspects of inheritance law or the provisions of Mr. Chen's will.