Also known as: relicts · surviving spouse
Written by attorneys · grounded in primary & secondary sources — see below
An archaic designation for a surviving spouse, especially a widow.
Ronald Reed died while divorce proceedings remained pending. He left a will devising the marital home held in tenancy by the entirety to a third party. Title passed by operation of law to his relict, who took the property free of the devise.
Ravi Reddy died intestate survived by his relict and two children. After the relict received her statutory share, the remaining estate passed by representation to the descendants under the applicable intestacy rules.
Rita Russell, as relict, sought statutory allowances from her husband's revocable trust after his probate estate proved insufficient. The trust property became subject to her claims once the settlor's death triggered the applicable trust code provision.
Select any source to read its text and confirm it supports the definition.
Rajesh Rao held land in fee simple conditional at death. His relict asserted a dower interest equivalent to that in fee simple absolute, subject only to any undestroyed executory limitations that had restricted the deceased spouse's estate.
Rina Rahman died intestate survived only by her relict and their shared descendants. The relict received the entire intestate estate because all surviving descendants were also descendants of the relict and the relict had no other surviving descendants.
Roberto Reyes held land in fee tail at death. His relict claimed a curtesy interest measured as if the estate had been fee simple absolute, though the interest remained subordinate to any remainder or executory interest that had limited the deceased spouse's estate.
The term applies to a surviving spouse of either gender, though older sources sometimes limited it to widows.
Supporting sources
The relict receives a statutory share first, after which any remaining estate passes by representation to the surviving descendants.
Yes, after the settlor's death the trust property is subject to the relict's claims for statutory allowances to the extent the probate estate cannot satisfy them.
The relict receives the same dower or curtesy interest as if the estate had been fee simple absolute, subject to any undestroyed limitations that restricted the deceased spouse's estate.
…the institution [of tenancy by the entirety]. It is available only to husband and wife. It is a convenient mode of protecting a surviving spouse from inconvenient administration of the decedent’s estate and from the other’s improvident debts. It is in that protection the estate finds its peculiar and justifiable function.” 130 F.2d…