Legal Definitions - election by spouse

Definition: Election by spouse refers to a legal right of a surviving spouse to choose between the gifts given by the deceased spouse in their will or a forced share or a share of the estate as defined in the probate statute. This right is also known as the right of election or widow's election.

Examples: If a husband dies and leaves a will that gives all his property to his children, his wife may choose to exercise her right of election and receive a share of the estate instead. Alternatively, if the husband's will leaves a smaller share of the estate to the wife than what is required by law, she may choose to exercise her right of election and receive a larger share.

Explanation: The examples illustrate how the right of election works in practice. In the first example, the wife chooses to exercise her right of election to receive a share of the estate instead of the gifts given to the children in the will. In the second example, the wife exercises her right of election to receive a larger share of the estate than what is provided in the will. This right ensures that a surviving spouse is not left without adequate financial support after the death of their partner.