Legal Definitions - portioner

A portioner is a term used in Scots law to refer to someone who owns a portion of a decedent's estate. There are different types of portioners:

• Heir portioner: One of two or more female heirs who inherit equal shares of an estate in the absence of male heirs.
• Usufructuary portioner: One of two or more heirs who take equal shares per capita.
• Small fee proprietor: The proprietor of a small fee.
• Historical: A minister who serves a benefice with others.

For example, if a person dies without a will, their estate will be divided among their heirs. If there are two female heirs and no male heirs, they will each be considered heir portioners and inherit equal shares of the estate.

In historical context, a portioner was a minister who served a benefice with others. They were called portioners because they only received a portion of the tithes or allowance that a vicar commonly has out of a rectory or impropriation.