The surviving spouse and the children, of a deceased person,
have specific legal rights. They also have the option of whether to
claim these rights. Each must make his or her decision. This may be
influenced by what they were left in the will, or by family
circumstances.
The legal rights do not create trusts, but can interact with
various trust situations.
A surviving spouse of the deceased can choose to claim legal
rights. The extent of the rights depends on whether there are
surviving children or remoter issue. ‘Remoter issue’
includes grandchildren.
There are no surviving children or remoter issue
The surviving spouse can claim one half of the net moveable
estate (TSEM6507).
There are surviving children or remoter issue
The surviving spouse can claim one third of the net moveable
estate (TSEM6507).
The legal rights of a surviving widow are called jus
relictae.
The legal rights of a surviving widower are called jus
relicti.
