Legal Definitions - jus relicti

Jus relicti refers to a historical legal right, primarily recognized in Civil and Scots law, that allowed a widower to claim a specific share of his deceased wife's personal movable property. This right applied to assets that were not fixed to land, such as money, jewelry, or furniture, and were considered her separate estate. Historically, the exact share varied, often being two-thirds or one-half, depending on whether there were surviving children. The Married Women's Property Act of 1881 later modified these proportions in some jurisdictions.

• Example 1 (Historical Context, Pre-1881):

  Imagine a Scottish couple, Mr. and Mrs. Campbell, living in the late 19th century before the 1881 Act. Mrs. Campbell passes away, leaving behind her husband and two children. Her separate movable estate includes a collection of valuable antique silver, some shares in a local company, and a significant sum of money in her personal bank account. Under the historical principle of jus relicti, Mr. Campbell would have been entitled to two-thirds of these movable assets, even though they were legally considered his wife's separate property.

  This example illustrates how, in a specific historical period, a widower had a statutory right to a substantial portion of his deceased wife's personal, non-land-based assets, even if they were her separate property.

• Example 2 (Post-1881 Modification, No Children):

  Consider Mr. and Mrs. Douglas, also in Scotland, but in the early 20th century, after the Married Women's Property Act of 1881 was in effect. Mrs. Douglas dies without leaving any children. Her separate movable estate consists of a valuable art collection and a substantial savings account. According to jus relicti as modified by the 1881 Act, Mr. Douglas would be entitled to one-half of these movable assets from her estate.

  This scenario demonstrates the application of jus relicti in a later period, showing how the specific share a widower could claim was adjusted by legislation, particularly when there were no surviving children.

• Example 3 (Distinction from Immovable Property):

  Let's say Mrs. Henderson, living in a jurisdiction where jus relicti applied, passed away, leaving behind her husband, Mr. Henderson, and one child. Her estate included a small cottage (immovable property) and a portfolio of stocks and bonds, along with some expensive jewelry (movable property). While Mr. Henderson might have other inheritance rights to the cottage, jus relicti specifically granted him a share (in this case, one-third under the 1881 Act) only from the stocks, bonds, and jewelry, as these constitute her separate movable estate. The cottage, being immovable property, would not fall under the scope of jus relicti.

  This example highlights a crucial aspect of jus relicti: it applied exclusively to movable property (personal possessions, financial instruments) and not to immovable property like land or buildings, clarifying the specific type of assets covered by this right.