elective share

Wills & estates. The percentage of a deceased spouse’s estate, set by statute, that a surviving spouse (or sometimes a child) may choose to receive instead of taking under a will or in the event of being unjustifiably disinherited.

— Also termed forced share; statutory share; statutory forced share. See RIGHT OF ELECTION. [Cases: Wills 778–803. C.J.S. Wills §§ 1841–1879.]


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