Define: Widow’s Election

The widow’s election is a legal doctrine that allows a surviving spouse to choose between the benefits provided under a deceased spouse’s will or the benefits available under state law, typically referred to as the statutory share or elective share. In many jurisdictions, if a surviving spouse is dissatisfied with the provisions made for them in the deceased spouse’s will, they may elect to receive a predetermined portion of the deceased spouse’s estate as provided by state law, rather than adhering strictly to the terms of the will. This statutory share is often a fraction or percentage of the deceased spouse’s estate, depending on the jurisdiction’s laws. The widow’s election ensures that surviving spouses are adequately provided for and prevents them from being unfairly disinherited by the deceased spouse’s will.

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This glossary post was last updated: 29th March 2024.