Legal Definitions - legitim

Legitim is a specific legal right under Scots law that ensures a portion of a deceased father's movable assets is reserved for his surviving legitimate children. This right exists independently of what the father's will might state, acting as a protective measure for children.

The "movable estate" refers to assets that can be moved, such as money in bank accounts, investments, vehicles, furniture, and personal belongings. It does not include immovable property like land or buildings.

The amount of the movable estate reserved for legitim depends on whether the father also leaves behind a surviving spouse:

• If there is a surviving spouse, the children are collectively entitled to one-third of the father's movable estate.
• If there is no surviving spouse, the children are collectively entitled to one-half of the father's movable estate.

This share is also commonly referred to as the "bairn's part."

Examples:

• Example 1: Father with a surviving spouse and children

  Mr. Wallace passes away, survived by his wife, Mrs. Wallace, and their two children, Isla and Callum. Mr. Wallace's movable estate consists of £300,000 in various investments and bank accounts. In his will, he had attempted to leave all his movable assets to a charity.

  How this illustrates legitim: Despite Mr. Wallace's will, Isla and Callum have a right to claim legitim. Since their father was survived by his spouse, Mrs. Wallace, the children are collectively entitled to one-third of his movable estate. This means £100,000 (one-third of £300,000) will be set aside for Isla and Callum, which they can claim regardless of the will's provisions.

• Example 2: Father with no surviving spouse, only children

  Ms. Fraser, the mother of three children – Euan, Sophie, and Liam – passed away several years ago. Her husband, Mr. Fraser, never remarried. Upon Mr. Fraser's recent death, he is survived only by his three children. His movable estate includes a valuable collection of antique watches and a substantial sum in a pension fund, totaling £400,000.

  How this illustrates legitim: Euan, Sophie, and Liam are entitled to legitim. As their father did not leave a surviving spouse, the children are collectively entitled to one-half of his movable estate. This means £200,000 (one-half of £400,000) from the antique watches and pension fund will be reserved for them, ensuring they receive this share.

• Example 3: Legitim overriding a specific bequest

  Dr. McGregor, a single father, had a disagreement with his son, Alistair. In his will, Dr. McGregor explicitly stated that his entire collection of rare books, valued at £150,000 (part of his movable estate), should go to his nephew, completely bypassing Alistair. Dr. McGregor is survived only by Alistair.

  How this illustrates legitim: Even though Dr. McGregor's will specifically directed the book collection to his nephew, Alistair can still claim his right to legitim. Since Dr. McGregor had no surviving spouse, Alistair is entitled to one-half of his father's movable estate. This means that £75,000 (one-half of the book collection's value) will be reserved for Alistair, demonstrating how legitim can override specific bequests in a will to protect a child's statutory share.