Legal Definitions - right of election

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

Example: Let's say that John and Jane were married, and John passed away. John's will stated that he left all his assets to his children from a previous marriage. However, Jane has the right of election, which means she can choose to take a forced share of John's estate instead of what was left to her in the will. If Jane chooses to take the forced share, she will receive a portion of John's estate as defined by the probate statute, regardless of what was stated in the will.

Explanation: This example illustrates how the right of election works in practice. Even if a spouse is not included in the deceased spouse's will, they still have the legal right to choose between the gifts given in the will or a forced share of the estate. This ensures that the surviving spouse is not left without any inheritance, even if they were not included in the will.