Legal Definitions - dead man's part

Definition: Dead man's part refers to a portion of a deceased person's estate that is set aside for specific purposes. In the past, it was customary to set aside a portion of the estate for mass services or as payment for the administrator. The portion of the estate ranged from one-third to the entire estate, depending on whether the deceased had a spouse or children. The administrator was allowed to use this portion for their own purposes until a statute was passed to regulate its distribution.

Examples:

• If a person dies leaving a spouse and children, their estate is divided into three parts. One part goes to the spouse, another to the children, and the third to the administrator. This third part is the dead man's part.
• If a person dies without a spouse or children, the entire estate goes to the administrator, who can use the dead man's part for their own purposes.
• In Scots law, the dead man's part refers to the part of a deceased person's personal estate that can be bequeathed by will or falls upon intestacy to their next of kin.

These examples illustrate how the dead man's part is a specific portion of a deceased person's estate that is set aside for certain purposes. It can be used for mass services, as payment for the administrator, or bequeathed by will to the deceased person's next of kin.