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Simple English definitions for legal terms
terce
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A quick definition of terce:
TERCE: A term used in Scottish law to describe a widow's right to one-third of her deceased husband's real property, if she has not accepted any other special provision. This right is only applicable if the couple was married for at least a year and a day or have produced a living child together. In common law, a similar right is called dower, which is a wife's right to a life estate in one-third of her deceased husband's land that he owned in fee. However, most states have abolished dower, and some have expanded the wife's share to a life estate in all the land that her husband owned in fee.
A more thorough explanation:
Definition: Terce is a term used in Scots law to refer to a widow's right to one-third of her deceased husband's real property, provided she has not accepted any other special provision. This right is only applicable if the couple had been married for at least a year and a day or had produced a living child together. This is similar to the concept of dower in common law.
Example: If a man dies without leaving a will, his wife may be entitled to terce, which means she can claim one-third of his real property as her own.
Explanation: This example illustrates how terce works in practice. If a man dies without leaving a will, his wife can claim terce, which means she can inherit one-third of his real property. This right is only applicable if the couple had been married for at least a year and a day or had produced a living child together.
Related term: Dower