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Simple English definitions for legal terms
right of election
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A quick definition of right of election:
The right of election is a legal term that refers to a surviving spouse's right 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 is also known as the widow's election. Essentially, this means that if a spouse is not satisfied with what they were left in their partner's will, they have the option to choose a different portion of the estate instead. This right is granted by law to ensure that a surviving spouse is not left without any inheritance or support after their partner's death.
A more thorough explanation:
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.