The portion of a deceased spouse's estate that the surviving spouse can choose to claim instead of accepting what was left in the will. This statutory right protects spouses from being completely disinherited.
From 'elective' (chosen) and 'share' (portion). The concept developed as legislatures recognized the need to protect surviving spouses from being left destitute, even when the deceased spouse's will provided little or nothing.
The elective share is like a marriage insurance policy built into the law! Even if your spouse tries to cut you out of the will completely, you can usually claim a percentage of their estate anyway - the law won't let marriages end in total abandonment.
Historically, surviving spouses (predominantly widows) had limited inheritance rights and could be disinherited entirely. Elective share statutes emerged as a feminist property reform to secure spousal entitlement regardless of testator intent.
Refer to elective share as protecting any surviving spouse; modern law applies gender-neutrally to all marital partners.
Women's legal advocates secured elective share doctrines to guarantee economic protection and inheritance rights, foundational to marital property equality.
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