What does "spousal election" allow a spouse to do?

The term "spousal election" refers to a legal right that allows a spouse to claim an elective share of the deceased spouse's estate, irrespective of what is outlined in the will. This means that even if the deceased spouse's will designates a specific distribution of assets that may favor individuals other than the surviving spouse, the surviving spouse has the right to choose to receive a predetermined portion of the estate. This right is designed to protect the financial interests of the surviving spouse and ensure they receive a fair share of the marital assets.

By allowing a spouse this option, the law recognizes the partnership in marriage and aims to prevent situations where a surviving spouse may be left with insufficient resources after the death of their partner. In many jurisdictions, this elective share typically amounts to a percentage of the estate, which can vary depending on local laws.

Understanding this concept is crucial for anyone involved in agribusiness or estate planning, as it highlights the importance of considering spousal rights when preparing wills and planning for the distribution of assets after death.