ELECTIVE SHARE

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 statuto-
rily 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

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