Legal Definitions - legitima successio

legitima successio refers to the legal process in Scots law that determines how a person's property and assets are distributed when they die without having left a valid will. In such cases, the law dictates who inherits the estate, rather than the deceased's personal wishes. This is often called "legal succession" or "intestate succession."

• Example 1: Distribution to Spouse and Children

  Imagine a person living in Glasgow, Scotland, who passes away suddenly without having written a will. They leave behind a surviving spouse and two adult children. Under the rules of legitima successio, Scots law would determine how their estate is divided. The surviving spouse would have specific "prior rights" to certain assets, such as the matrimonial home, household contents, and a cash sum. After these prior rights are satisfied, the remaining estate would be shared between the spouse and the children according to a statutory formula. This entire distribution happens by operation of law because there was no will to guide it.

• Example 2: Inheritance by Parents and Siblings

  Consider an unmarried individual residing in Edinburgh, Scotland, who dies without a will and has no children. Both of their parents are still alive, and they have one younger sister. In this scenario, legitima successio would dictate the inheritance. Since there is no spouse or children, Scots law would look to the next class of beneficiaries. Typically, the parents would inherit the entire estate. If only one parent were alive, and there were siblings, the estate might be divided between the surviving parent and the siblings, depending on the specific legal rules for "free estate." The crucial point is that the law, not a personal document, directs the inheritance.

• Example 3: Estate Passing to More Distant Relatives or the Crown

  Suppose an elderly person living in the Scottish Highlands dies without a will, having outlived their spouse, children, and siblings. They have no close family members. Here, legitima successio would govern the search for heirs. Scots law provides a detailed hierarchy of relatives, extending to grandparents, aunts, uncles, and cousins, who could potentially inherit. If, after a thorough search, no legal heirs can be found according to these rules, the estate would ultimately pass to the Crown as ultimus haeres (the last heir). This entire process, from identifying distant relatives to the Crown inheriting, is an application of legitima successio, as the law provides the framework for succession in the absence of a will.