**Elective Share** (noun) — A statutory right in some jurisdictions that allows a surviving spouse to choose to receive a predetermined portion of the deceased spouse's estate instead of what was left to them in the will.
An elective share is a legal protection that gives surviving spouses the right to claim a minimum portion of their deceased spouse's estate, regardless of what the will says. If your spouse dies and the will leaves you very little or nothing, you can "elect" to take the statutory share instead.
The size of the elective share varies by jurisdiction. In places that have this rule, it's typically between one-third and one-half of the estate. The idea is that marriage creates certain economic partnerships and obligations that shouldn't be completely undermined by a will.
To claim an elective share, the surviving spouse must actively choose to do so within a specified time period (often within six months to a year after death). If they don't make this election, they receive whatever the will specifies. This means a surviving spouse might need to make a difficult decision: accept what the will provides or claim their statutory share, which might be more or less depending on the circumstances.
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Elective share laws exist in many U.S. states but not in all jurisdictions. Australia, for example, doesn't have elective share provisions but has similar spousal protections through family provision laws. Understanding whether your jurisdiction has elective share rules is important for estate planning.
These laws exist because marriage is considered to create mutual obligations and shared economic interests. They prevent someone from completely disinheritng their spouse without consequence. However, they usually only apply to assets that the deceased owned individually. Property held jointly or with designated beneficiaries typically passes outside the estate and isn't subject to the elective share.
If you're married and planning your estate, elective share laws might limit your ability to leave your property exactly as you wish. You can't use a will to circumvent your spouse's basic rights. However, spouses can waive their elective share rights through prenuptial or postnuptial agreements, which allows for more flexible estate planning if both parties agree.
**Related terms:** [Community Property](/dictionary/community-property), Family Provision, Statutory Rights
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"Dad's will left everything to his new wife and nothing to Mum, his ex-wife who he'd never officially divorced. Mum elected to take her statutory elective share of one-third rather than accept nothing."