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Simple English definitions for legal terms
legitim
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A quick definition of legitim:
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.
A more thorough explanation:
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.