Elective Share definition: Copy, customize, and use instantly
Introduction
The term "Elective Share" refers to the portion of a decedent's estate that a surviving spouse can claim, regardless of what the decedent’s will specifies. It ensures that a surviving spouse is entitled to a minimum share of the estate, providing legal protection against disinheritance.
Below are various examples of how "Elective Share" can be defined in different contexts. Copy the one that fits your needs, customize it, and use it in your contract.
Definition of "Elective Share" as a legal right
This definition ties "Elective Share" to the legal right of a surviving spouse.
"Elective Share" means the portion of a decedent's estate that the surviving spouse is entitled to claim, as determined by state law, even if the will stipulates otherwise.
Definition of "Elective Share" as a percentage of the estate
This definition connects "Elective Share" to the percentage of the estate.
"Elective Share" refers to a specified percentage of the decedent’s estate, which the surviving spouse is entitled to claim, irrespective of the provisions in the will.
Definition of "Elective Share" as protection against disinheritance
This definition links "Elective Share" to disinheritance protection.
"Elective Share" means a legal provision that protects a surviving spouse from being disinherited by guaranteeing them a minimum share of the decedent's estate.
Definition of "Elective Share" as a spousal entitlement
This definition applies "Elective Share" to a spouse’s entitlement.
"Elective Share" refers to the right of a surviving spouse to elect a share of the decedent's estate, as provided under law, even if they are omitted from the will.
Definition of "Elective Share" as a fixed amount
This definition ties "Elective Share" to a fixed amount.
"Elective Share" means a fixed amount or share of the decedent’s estate that the surviving spouse is entitled to, regardless of other terms in the will.
Definition of "Elective Share" as a statutory right
This definition connects "Elective Share" to statutory rights.
"Elective Share" refers to the portion of a decedent’s estate that a surviving spouse is entitled to claim by statute, which overrides the decedent’s will if necessary.
Definition of "Elective Share" as a claim on the estate
This definition links "Elective Share" to a claim on the estate.
"Elective Share" means a claim made by the surviving spouse to receive a share of the estate, as established by law, even if the will allocates no assets to the spouse.
Definition of "Elective Share" as a remedy for undue influence
This definition ties "Elective Share" to undue influence.
"Elective Share" refers to the legal remedy that allows a surviving spouse to claim a minimum portion of the decedent’s estate if there is evidence of undue influence or fraud in the creation of the will.
Definition of "Elective Share" as a minimum entitlement
This definition connects "Elective Share" to a minimum entitlement.
"Elective Share" means the minimum share of the decedent’s estate that a surviving spouse is entitled to, as specified by state law, regardless of the decedent's will.
Definition of "Elective Share" as a share of the estate in lieu of the will
This definition ties "Elective Share" to the estate in lieu of the will.
"Elective Share" refers to the portion of the decedent’s estate that the surviving spouse is allowed to claim in place of the terms outlined in the will, as stipulated by applicable law.
Definition of "Elective Share" as a formula-based calculation
This definition applies "Elective Share" to a formula-based calculation.
"Elective Share" means the share of the decedent's estate that is determined by a formula based on the total value of the estate and the surviving spouse’s rights under the law.
Definition of "Elective Share" as a precondition for inheritance
This definition connects "Elective Share" to inheritance.
"Elective Share" refers to a precondition that allows the surviving spouse to inherit a portion of the estate, even if they are excluded from the will, by asserting their right to a statutory share.
Definition of "Elective Share" as a claim on joint property
This definition ties "Elective Share" to joint property.
"Elective Share" means the right of the surviving spouse to claim a portion of the decedent's estate, including joint property, under the applicable state law.
Definition of "Elective Share" as a protection against testamentary freedom
This definition links "Elective Share" to testamentary freedom.
"Elective Share" refers to the limitation on a decedent’s freedom to dispose of their estate by will, ensuring that the surviving spouse is entitled to a certain share of the estate.
Definition of "Elective Share" as a supplemental provision
This definition connects "Elective Share" to supplementary provisions.
"Elective Share" means a supplementary provision that allows the surviving spouse to claim a portion of the estate, even if the will provides them with no assets.
Definition of "Elective Share" as a requirement for spouses
This definition links "Elective Share" to spousal requirements.
"Elective Share" refers to the minimum amount a surviving spouse is legally entitled to claim from the decedent’s estate, ensuring that the spouse receives a fair share, as dictated by law.
Definition of "Elective Share" as a portion of marital assets
This definition applies "Elective Share" to marital assets.
"Elective Share" means the share of marital assets that the surviving spouse can claim from the decedent’s estate, in accordance with statutory law.
Definition of "Elective Share" as an equitable share
This definition ties "Elective Share" to equity.
"Elective Share" refers to an equitable share of the decedent’s estate that the surviving spouse may claim, ensuring fairness and protection for the surviving spouse.
Definition of "Elective Share" as an inheritance option
This definition ties "Elective Share" to inheritance options available to a spouse.
"Elective Share" means the option for a surviving spouse to claim a portion of the decedent’s estate, as stipulated by law, regardless of the will’s provisions.
Definition of "Elective Share" as a safeguard against disinheritance
This definition connects "Elective Share" to protecting a spouse from disinheritance.
"Elective Share" refers to the legal safeguard that ensures a surviving spouse receives a share of the decedent's estate, even if excluded from the will.
Definition of "Elective Share" as a right to avoid the will
This definition links "Elective Share" to avoiding the will’s distribution.
"Elective Share" means the right of a surviving spouse to bypass the will’s provisions and claim a statutory share of the decedent’s estate.
Definition of "Elective Share" as a portion of the estate for the spouse
This definition applies "Elective Share" to the surviving spouse's portion.
"Elective Share" refers to the portion of the decedent's estate that the surviving spouse is entitled to claim, often calculated as a percentage or based on estate value.
Definition of "Elective Share" as a claim for financial security
This definition ties "Elective Share" to financial security for the surviving spouse.
"Elective Share" means the financial security provided by a surviving spouse’s entitlement to a minimum share of the decedent’s estate, even if omitted in the will.
Definition of "Elective Share" as a statutory remedy
This definition links "Elective Share" to statutory protection for spouses.
"Elective Share" refers to a statutory remedy allowing the surviving spouse to claim a portion of the estate, protecting them from being deprived of their rightful inheritance.
Definition of "Elective Share" as an entitlement under state law
This definition connects "Elective Share" to state law.
"Elective Share" means the amount or portion of a decedent’s estate a surviving spouse can claim under state law, overriding the provisions of the will.
Definition of "Elective Share" as an override of testamentary provisions
This definition ties "Elective Share" to overriding a will’s terms.
"Elective Share" refers to the surviving spouse’s right to claim a portion of the estate, overriding the decedent’s will if it provides an insufficient inheritance.
Definition of "Elective Share" as a share of the estate based on relationship
This definition applies "Elective Share" to the relationship with the decedent.
"Elective Share" means the share of the decedent’s estate that the surviving spouse is entitled to claim, based on the relationship between the spouse and decedent.
Definition of "Elective Share" as a share of the estate not altered by a will
This definition connects "Elective Share" to a share that cannot be altered by the will.
"Elective Share" refers to a surviving spouse’s right to claim a certain portion of the estate, regardless of how the will may distribute the assets.
Definition of "Elective Share" as a mechanism for ensuring fairness
This definition ties "Elective Share" to ensuring fairness in estate distribution.
"Elective Share" means a mechanism for ensuring fairness by allowing the surviving spouse to claim a minimum portion of the estate, even if the will does not provide for them adequately.
Definition of "Elective Share" as a safeguard for marital rights
This definition connects "Elective Share" to safeguarding marital rights.
"Elective Share" refers to the safeguard of marital rights by ensuring the surviving spouse is entitled to a fair share of the estate, as mandated by law.
Definition of "Elective Share" as an inheritance entitlement for widows
This definition applies "Elective Share" to widows.
"Elective Share" means the inheritance entitlement for a widow, allowing her to claim a portion of her deceased spouse's estate as provided by law, even if excluded in the will.
Definition of "Elective Share" as a claim for a surviving spouse's benefit
This definition ties "Elective Share" to the surviving spouse's benefit.
"Elective Share" refers to the right of the surviving spouse to claim a beneficial portion of the decedent’s estate, ensuring that the spouse’s needs are met.
Definition of "Elective Share" as a claim on a deceased spouse’s assets
This definition links "Elective Share" to a claim on assets.
"Elective Share" means a claim made by the surviving spouse to receive a share of the deceased spouse’s assets, as prescribed by state law, even if they are excluded from the will.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.