A virile share, also known as a virile portion, is a legal term that denotes a monetary obligation shared by two individuals. This implies that both parties are accountable for repaying the debt, and in the event that one person is unable to fulfil their payment, the other person may be required to cover the entire sum.
Virile share is a legal term in civil law that refers to the joint and several obligation of an obligor with another person. This means that both parties are equally responsible for paying the full amount of the debt or obligation. For example, if two people take out a loan together, they both have a virile share of the debt, and if one person cannot pay their portion, the other person is responsible for paying the entire amount. In a business partnership, both partners have a virile share of the profits and losses, and if one partner incurs a debt on behalf of the business, both partners are responsible for repayment. In essence, virile share ensures that both parties are equally accountable for fulfiling their obligations and debts, and cannot rely solely on the other person to pay their share.
A Virile Share refers to the portion of an estate that is allocated to a surviving spouse or partner under the laws of intestate succession. It ensures that the surviving spouse receives a fair share of the deceased’s assets.
The calculation of the Virile Share varies depending on the jurisdiction. In some places, it may be a fixed percentage of the estate, while in others, it may be determined based on factors such as the length of the marriage or the presence of children.
In certain circumstances, the Virile Share can be waived or modified through a prenuptial or postnuptial agreement. However, it is important to consult with a legal professional to ensure that any such agreement is valid and enforceable.
If the deceased had multiple spouses or partners, the Virile Share may be divided among them based on the applicable laws of polygamous or polyamorous relationships. Each jurisdiction may have different rules regarding the distribution of the Virile Share in such cases.
Yes, the Virile Share can be challenged in certain situations. For example, if there is evidence of fraud, undue influence, or coercion in the determination of the Virile Share, it may be contested in court. It is advisable to seek legal counsel if you believe the Virile Share has been unfairly calculated.
If the deceased had no surviving spouse or partner, the Virile Share would not apply. Instead, the estate would be distributed according to the laws of intestate succession, which typically prioritize the deceased’s children, parents, or other close relatives.
Yes, a valid will can override the Virile Share. If the deceased explicitly states in their will how they want their assets to be distributed, the provisions of the will take precedence over the Virile Share.
Certain exceptions may exist depending on the jurisdiction. For example, if the surviving spouse or partner has abandoned or mistreated the deceased, they may be disqualified from receiving the Virile Share. It is essential to consult local laws to understand any exceptions that may apply.
In jurisdictions where same-sex relationships are legally recognized, the Virile Share can be claimed by a surviving same-sex partner. The laws regarding inheritance rights for same-sex couples may vary, so it is important to consult local legislation.
In some jurisdictions, common-law partners may be entitled to claim the Virile Share if they meet specific criteria, such as having lived together for a certain period or having children together. However, the eligibility requirements for common-law partners can differ, so it is crucial to consult local laws.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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