right of election
Noun: * A probate law concept: The legal right granted to a surviving spouse to choose between two inheritances: the provision made for them in their deceased spouse's will, or a statutory share of the deceased spouse's estate as defined by law.
This term is used exclusively in the context of wills, estates, and probate law. It describes a specific, formal choice a surviving spouse must make after a death. * The attorney explained the widow's right of election between the bequest in the will and her statutory share. * Exercising her right of election, she chose to take the larger statutory portion instead of the smaller gift outlined in the will.
- "To exercise one's right of election": The formal act of making and declaring this choice, often within a legally mandated time period.
- The surviving spouse must file a formal notice with the probate court to exercise the right of election.
- The right of election is typically subject to strict time limits and procedural rules, which vary by jurisdiction.
- Election against the will: A synonymous phrase describing the same legal action.
- Statutory share / Forced share / Elective share: The portion of an estate the surviving spouse is entitled to claim by law, which is the alternative to the will's bequest.
- Testamentary disposition: The gifts and distributions made according to a will, which is the option the surviving spouse may choose to reject.
- Spousal elective right
- Election against the will
This is a technical legal term with no direct idioms or phrasal verbs. Its meaning is highly specific to the field of estate law.
-
in probate law: the legal right of a surviving spouse to elect to take either what the deceased spouse gave under the will or the share of the estate as set forth by statute
Khám phá thêm
Các từ liên quan
Từ gần giống
