Legal Definitions - legitim

LEGITIM

In Scots law, legitim refers to the right of any surviving lawful issue (children) to share in the movable estate of their father. This means that children have a legal claim to a portion of their father's property after his death.

The legitim comprises one-third of the estate if there is a surviving spouse, or one-half otherwise. It is also known as the bairn's part.

For example, if a man dies and leaves behind a wife and two children, the legitim would be one-third of his estate. If he had no surviving spouse, the legitim would be one-half of his estate.

Another example would be if a man had three children but only one survived him. That surviving child would be entitled to a portion of the father's estate through the legitim.

These examples illustrate how the legitim ensures that children have a legal right to a portion of their father's estate, regardless of whether or not he left a will. It helps to provide for the financial security of the children and ensures that they are not left without any inheritance.