The intentional and voluntary abandonment or relinquishment of a known legal right, claim, or privilege. A waiver may be express (stated explicitly) or implied (inferred from conduct), and once made, generally prevents the waiving party from later asserting the relinquished right.
A waiver is when you voluntarily give up a right you have. In estate law, common waivers include giving up your right to contest a will, your spousal elective share, or your right to an accounting from an executor.
⏱ When you'll encounter this term
- Prenuptial agreements waiving inheritance rights
- Waiving bond requirements for executors
- Waiving formal probate proceedings
- Disclaiming an inheritance
"Dad's will nominated my brother as executor and included a waiver of bond—meaning we, as beneficiaries, agreed the executor doesn't need to post an insurance bond. That waiver saved the estate the annual bond premium."
⚖️ Compare: Waiver vs Disclaimer
Give up any legal right. Made anytime. Voluntary relinquishment. Broad application.
Refuse inheritance specifically. Made within time limit. Treated as if you predeceased. Technical requirements.
💡 Did you know?
Waivers must generally be knowing and voluntary to be effective. If you waived your rights without understanding what you were giving up or under pressure, a court might find the waiver invalid. That's why prenuptial agreements waiving estate rights often require both parties to have independent legal advice.