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Simple English definitions for legal terms
dead's part
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A quick definition of dead's part:
Dead's part refers to a portion of a dead person's estate that can be used to pay for mass services or given to the administrator. In the past, this portion ranged from one-third to the entire estate, depending on whether the deceased had a wife and children. The administrator used to keep this portion for himself until a law was passed that made it subject to the statute of distributions. In Scots law, dead's part refers to the part of a dead person's personal estate that can be bequeathed by will or given to the next of kin.
A more thorough explanation:
Definition: Dead's part refers to a portion of a deceased person's estate that can be distributed in a specific way. In the past, it was customary to set aside a portion of the estate for mass services or as payment for the administrator. The amount of dead's part varied depending on whether the deceased had a spouse or children. In modern times, dead's part refers to the portion of a person's personal estate that can be disposed of by will or falls upon intestacy to their next of kin.
- 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 known as dead's part.
- If a person dies without a spouse or children, their entire estate is considered dead's part and can be distributed according to their will or to their next of kin.
These examples illustrate how dead's part refers to a specific portion of a deceased person's estate that can be distributed in a particular way. It highlights the importance of having a will to ensure that dead's part is distributed according to the person's wishes.