| 释义 |
elective share
Elective ShareStatutory provision that a surviving spouse may choose between taking that which is provided in the will of the deceased spouse or taking a statutorily prescribed share of the estate. Such election may be presented if the will leaves the spouse less than he or she would otherwise receive by statute. This election may also be taken if the spouse seeks to set aside a will that contains a provision to the effect that an attempt to contest the will defeats the rights of one to take under the will. elective share laws that allow a spouse to take a part of an estate when the other spouse dies, regardless of the terms of any will or testament.elective share
elective shareThe ability of a surviving spouse to elect to take a specified percentage of the decedent's estate rather than the amount left by the will.Most states make some sort of provision so that a surviving spouse cannot be completely disinherited.The vehicle may be the common law rights of curtesy (the widower's share) or dower (the widow's share). Because of archaic concepts about the relative needs of surviving spouses, dower and curtesy did not provide the same benefits to husbands as to wives. As a result, many states passed statutes modifying the rules or even completely abolishing them in favor of a statutory scheme. The statutory system usually allows a surviving spouse to elect between taking what was provided in the will or taking a certain preset percentage of the decedent's estate. |