Define: Forced Share

A forced share, also known as a statutory share or elective share, is a legal provision that ensures a certain portion of a deceased person’s estate is reserved for their surviving spouse or children, regardless of what is stated in the person’s will.

The amount of the forced share varies depending on the jurisdiction. In some states, the surviving spouse may be entitled to one-third of the estate, while in others, it may be half of the estate. The share for children may also vary.

In some cases, the forced share can be waived through a prenuptial or postnuptial agreement. However, the agreement must meet certain legal requirements and be voluntarily entered into by both parties.

In most jurisdictions, a surviving spouse cannot be completely disinherited. Even if the deceased spouse’s will attempts to exclude the surviving spouse, the forced share provision will ensure they receive a portion of the estate.

If there are multiple surviving spouses, the forced share will typically be divided equally among them. However, the specific rules may vary depending on the jurisdiction.

In some cases, the forced share can be challenged if there are valid grounds, such as fraud, undue influence, or lack of mental capacity. However, successfully challenging the forced share can be difficult and requires strong evidence.

The forced share generally applies to the probate estate, which includes assets owned solely by the deceased person. It may not apply to assets held in joint tenancy, trusts, or certain types of retirement accounts.

In some cases, the forced share can be satisfied with non-monetary assets, such as real estate or personal property. However, the value of these assets must be determined and accounted for in the overall distribution of the estate.

In certain circumstances, a court may reduce the forced share if the surviving spouse is financially stable and does not require the full statutory share. This usually requires a petition to the court and a showing of sufficient evidence.

In most jurisdictions, the forced share can still be claimed by a surviving spouse even if they remarry. However, the specific rules may vary, so it is important to consult with a legal professional to understand the applicable laws in your jurisdiction.