What right allows a surviving spouse to claim interest in a decedent's property against a will's provisions?

The elective share is a legal right that enables a surviving spouse to claim a portion of the decedent's estate, even if the will stipulates otherwise. This provision is designed to protect the surviving spouse from a potentially disproportionate distribution of the estate that could arise from a will. Typically, the elective share allows the surviving spouse to receive a statutory percentage of the decedent's estate, ensuring that they are not left entirely without support after the death of their partner.

This right further reinforces the notion that marriage creates a financial and legal partnership where both parties should have an interest in the combined wealth and assets accumulated during the marriage. The elective share is particularly significant in cases where the decedent may have left the surviving spouse out of the will or provided them with an inadequate share, reflecting a legal commitment to fairness in marital property rights.

In contrast, dower and curtesy are historical concepts that granted a widow or widower certain rights in the estate of a deceased spouse upon marriage and no longer apply in most jurisdictions. Dual agency is a real estate term referring to situations where a single agent represents both the buyer and seller in a transaction. Easement by condemnation relates to property law, denoting the government’s right to take private property for public use,