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