Legal Definitions - tercer

A tercer, in historical Scots law, referred to a widow who held a legal interest in one-third of her deceased husband's real property. This right, known as "terce," ensured that a widow had a means of support from her late husband's immovable assets, such as land or buildings, regardless of his will or other heirs.

• Imagine a wealthy Scottish landowner in the 17th century who owned several large estates. Upon his death, his widow would automatically become a tercer. This meant she was legally entitled to the use and income from one-third of those estates for the remainder of her life, even if her husband's will attempted to leave all property to his children or other relatives. Her right as a tercer superseded such testamentary dispositions for that one-third share.

• Consider a farmer in rural Scotland during the 18th century who owned his farm outright. After his passing, his widow, as a tercer, would have a right to occupy or receive the profits from one-third of the family farm. This legal provision ensured her economic security and prevented her from being disinherited or left destitute, providing her with a share of the land's productivity.

• If a man died without a will (intestate) in historical Scotland, his widow's status as a tercer would automatically grant her a claim to one-third of his real estate. For example, if he owned the family home and a separate plot of land, she would have a legal right to a one-third share of both properties, ensuring her continued access to housing and resources, even in the absence of specific instructions from her husband.