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The application of
Courtesy (as spelled in Scots law) was abolished by Section 10 of the Succession (Scotland) Act 1964, in respect of all deaths occurring after the date of that Act. The right of Terce (being the equivalent claim by a wife on her husband's estate) was also abolished by the same
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Issue must have existed born alive and during the mother's existence, though it is immaterial whether the issue subsequently live or die, or whether it is born before or after the wife's
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The estate claimed in courtesy must have been an estate in possession of which the wife must have been actually seised; and,
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the husband has a right to courtesy tenure whether there is issue born or not but the courtesy extends only to a
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The customs and the meaning of the word has considerable doubt. It has been said to be a tenure peculiar to
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has not affected the right of courtesy so far as relates to the wife's undisposed-of realty, and the
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Please help update this article to reflect recent events or newly available information.
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by courtesy is to be deemed an estate arising under a settlement made by the wife.
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the birth of a daughter would not entitle the husband to a tenancy by courtesy.
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The requisites necessary to create a tenancy by courtesy are:
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The title to the tenancy vests only on the death of the wife.
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