Simple English definitions for legal terms
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Term: LEGITIM
Definition: Legitim is a Scottish law that gives the right to any surviving lawful children to share in their father's movable estate. This means that if a father passes away, his children have a legal right to a portion of his belongings. The amount of the legitim depends on whether there is a surviving spouse or not. If there is, the legitim is one-third of the estate, and if there isn't, it is one-half. Another term for legitim is bairn's part.
Example: If a father passes away and leaves behind a wife and two children, the legitim would be one-third of his movable estate, which would be divided equally between the two children.
LEGITIM
In Scots law, legitim refers to the right of any surviving lawful issue (children) to share in the movable estate of their father. This means that children have a legal claim to a portion of their father's property after his death.
The legitim comprises one-third of the estate if there is a surviving spouse, or one-half otherwise. It is also known as the bairn's part.
For example, if a man dies and leaves behind a wife and two children, the legitim would be one-third of his estate. If he had no surviving spouse, the legitim would be one-half of his estate.
Another example would be if a man had three children but only one survived him. That surviving child would be entitled to a portion of the father's estate through the legitim.
These examples illustrate how the legitim ensures that children have a legal right to a portion of their father's estate, regardless of whether or not he left a will. It helps to provide for the financial security of the children and ensures that they are not left without any inheritance.