elective share
elective share n: the share (as one third) of an estate set by statute that a widow or widower or sometimes a child is entitled to claim in lieu of any provisions made in a will or in the event of being disinherited unjustifiably – called also forced share; compare curtesy, dower

Merriam-Webster’s Dictionary of Law. . 1996.

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.

Collins dictionary of law. . 2001.


elective share
The portion of a deceased person's estate that the surviving spouse is entitled to claim under state law. In many states, the elective share (also called the statutory share) is about one-third of the deceased spouse's property. In some states, however, the amount the surviving spouse can claim depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the elective share. (See also: dower, curtesy)
Category: Wills, Trusts & Estates → Estates, Executors & Probate Court
Category: Wills, Trusts & Estates → Wills

Nolo’s Plain-English Law Dictionary. . 2009.


elective share
n. In trusts and estates, a share, mandated by law, that a spouse or child may elect to take of the estate, in lieu of inheriting under the will.

Webster's New World Law Dictionary. . 2000.


elective share
Statutory 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.

Dictionary from West's Encyclopedia of American Law. 2005.


elective share
Statutory 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.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

Look at other dictionaries:

  • Elective share — An elective share is a term used in American law relating to inheritance, which describes a proportion of an estate which the surviving spouse of the deceased may claim in place of what they were left in the decedent s will. It may also be called …   Wikipedia

  • elective share — noun A proportion of a decedents estate which the surviving spouse may claim, as a substitute for what they were left in the decedents will. Syn: widows share, statutory share, forced share …   Wiktionary

  • elective share — See election (law of wills); election by spouse …   Black's law dictionary

  • elective share — See election (law of wills); election by spouse …   Black's law dictionary

  • forced share — n: elective share Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. forced share …   Law dictionary

  • spousal share — See: elective share Category: Wills, Trusts & Estates Nolo’s Plain English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009 …   Law dictionary

  • statutory share — See: elective share Category: Wills, Trusts & Estates → Estates, Executors & Probate Court Nolo’s Plain English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009 …   Law dictionary

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