Legal Definitions - legitima successio

LEGITIMA SUCCESSIO

Legitima successio is a Latin term used in Scots law to refer to legal succession. It means the process by which property or assets are passed down to the rightful heirs according to the law.

For example, if a person dies without leaving a will, their property will be distributed according to the rules of legitima successio. The law sets out a specific order of priority for who should inherit the property, starting with the deceased's spouse and children, followed by other relatives if there are no surviving spouse or children.

Another example is when a person creates a will but it is found to be invalid. In this case, the property will also be distributed according to the rules of legitima successio.

Legitima successio is an important concept in Scots law as it ensures that property and assets are passed down to the rightful heirs in a fair and orderly manner. It provides a clear framework for distribution of property in cases where there is no will or where a will is found to be invalid. The examples illustrate how legitima successio works in practice and how it can be applied in different situations.