Legal Definitions - terce

Definition: Terce is a term used in Scots law to refer to a widow's right to one-third of her deceased husband's real property, provided she has not accepted any other special provision. This right is only applicable if the couple had been married for at least a year and a day or had produced a living child together. This is similar to the concept of dower in common law.

Example: If a man dies without leaving a will, his wife may be entitled to terce, which means she can claim one-third of his real property as her own.

Explanation: This example illustrates how terce works in practice. If a man dies without leaving a will, his wife can claim terce, which means she can inherit one-third of his real property. This right is only applicable if the couple had been married for at least a year and a day or had produced a living child together.

Related term: Dower