Legal Definitions - terce

Terce refers to a historical legal right under Scots law that allowed a widow to claim a life interest in one-third of her deceased husband's real estate. This right was granted provided she had not already agreed to a different financial arrangement, and the marriage had lasted for at least a year and a day, or the couple had produced a living child together. Essentially, it ensured a widow had a means of support from her husband's land after his death.

• Example 1: Standard Application for Support

  In 18th-century Scotland, Mr. and Mrs. MacGregor were married for 20 years and lived on a large estate owned by Mr. MacGregor. When Mr. MacGregor passed away unexpectedly without a will, Mrs. MacGregor had no specific financial provisions made for her.

  This situation perfectly illustrates terce. Under this historical concept, Mrs. MacGregor would be entitled to a life interest in one-third of the MacGregor estate. This means she could benefit from the income or use of that portion of the land for the rest of her life, ensuring her financial stability, as no other arrangement had been accepted.

• Example 2: Meeting the Marriage Duration Condition

  In 17th-century Edinburgh, a young couple, Alasdair and Elspeth, married. Tragically, Alasdair died in an accident 15 months later. They had not yet had any children, and Alasdair had not made any specific provisions for Elspeth in a will.

  Despite the relatively short duration of their marriage and the absence of children, Elspeth would still be eligible for terce. The legal requirement was either a marriage lasting at least "a year and a day" OR the birth of a living child. Since their marriage exceeded the specified duration, Elspeth could claim a one-third interest in Alasdair's real property for her lifetime.

• Example 3: Precluded by Alternative Provision

  In the early 19th century, Mr. and Mrs. Campbell had been married for many years. Mr. Campbell, anticipating his death, drafted a detailed will that specifically bequeathed a substantial house and a regular income to Mrs. Campbell, which she formally acknowledged and accepted during his lifetime.

  In this scenario, Mrs. Campbell would not be able to claim terce. The legal principle of terce only applied if the widow had not already accepted some other "special provision" for her support from her husband's estate. Since Mr. Campbell's will provided a specific, accepted alternative, the right to terce would be superseded.