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Legitim in United Kingdom

Note: the meaning is different from Legitimation.

Legitim, or Bairn’s Part, in Scots law, the legal share of the movable property of a father due on his death to his children. If a father dies leaving a widow and children, the movable property is divided into three equal parts; one-third part is divided equally among all the children who survive, although they may be of different marriages (the issue of predeceased children do not share); another third goes to the widow as her jus relictae, and the remaining third, called “dead’s part,” may be disposed of by the father by will as he pleases.

If the father die intestate the dead’s part goes to the children as next of kin. Should the father leave no widow, one-half of the movable estate is legitim and one-half dead’s part. In claiming legitim, however, credit must be given for any advance made by the father out of his movable estate during his lifetime.

Source: Encyclopedia Britannica (1911)

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Concept of Legitim

Traditional meaning of legitim [1] in scots law: In Scotch law, the children’s share in the father’s movables.

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Notes and References

  1. Based on A concise law dictionary of words, phrases and maxims, “Legitim”, Boston: Little, Brown, and Company, 1911, United States. This term and/or definition may be absolete. It is also called the Stimson’s Law dictionary, based on a glossary of terms, included Legitim.

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  • Article Name: Legitim
  • Author: Shelby Perry
  • Description: Note: the meaning is different from Legitimation. Legitim, or Bairn’s Part, in Scots law, the legal share of the movable [...]

This entry was last updated: October 3, 2020

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