“Election under the will” refers to a legal principle that arises when a person who is named as a beneficiary in a will chooses to either accept the provisions outlined in the will or reject them in favour of their legal entitlements. This typically occurs when the testator (the person who made the will) leaves property to someone who would otherwise inherit under the laws of intestacy (when there is no will). In such cases, the beneficiary must make an “election” to either accept the terms of the will and forfeit their legal entitlements or reject the will and claim their legal entitlements. The decision to make an election under the will can have significant legal consequences and should be made with careful consideration of the implications.
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This glossary post was last updated: 29th March 2024.
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