Election Under The Will Legal Meaning and Definition

Here is a simplified definition of the legal term Election Under The Will.

Election Under The Will (noun): This is a legal term often used in states that have laws giving a surviving spouse (usually a widow) a specific percentage of her late spouse's estate (like dower rights). Depending on the conditions and value of the assets left to her in the will, the spouse may choose or 'elect' to take this statutory percentage instead. This is called an 'Election Under The Will'. For example, if the will's terms are unfavorable or less beneficial than the statutory percentage, she can choose this provision by law.