An elective share is a term used relating to inheritance, which describes a proportion of an estate which the surviving spouse of the deceased may claim in place of what they were left in the decedent's will. It has also been called a widow's share, statutory share, election against the will, or forced share.
The election rights of a spouse are governed by state laws, which vary by state. Under such laws, the surviving spouse has historically had the option of either: 1. Accepting what was provided to him or her pursuant to the decedents will; or 2. Electing to take a fixed portion of the decedents probate estate property.
The right of election of a surviving spouse may be waived, wholly or partially, by a written agreement, or by a waiver signed by the surviving spouse. A valid waiver by a surviving spouse of a right of election against a will must meet three requirements: 1. It must be in the form of a written contract or agreement; 2. It must be signed by the party waiving the right; and 3. There must have been fair disclosure.
Connecticut Waiver of Right to Election by Spouse is a legal document that allows a spouse to voluntarily relinquish their right to make an election against their deceased spouse's estate. This waiver is often used in estate planning to ensure a smooth transfer of assets and property to designated beneficiaries without any claims or disputes. In Connecticut, there are two main types of Waiver of Right to Election by Spouse: 1. Voluntary Waiver: A voluntary waiver is the most common type of waiver used in estate planning. It involves the spouse willingly surrendering their right to elect against the deceased spouse's estate. This waiver is typically executed by signing a legal document, often prepared by an attorney, which clearly states the intention to forgo the right of election. 2. Uncreative or Oral Waiver: In certain circumstances, an uncreative or oral waiver may be accepted in Connecticut. This type of waiver is made verbally by the spouse before witnesses and does not require a written document. However, it is important to note that an oral waiver may not be considered valid in all situations and could be subject to further scrutiny. The purpose of the Connecticut Waiver of Right to Election by Spouse is to provide clarity and certainty in estate planning. By waiving their right to elect against the deceased spouse's estate, the surviving spouse allows for a clear and unencumbered transition of assets to the intended beneficiaries. This waiver also helps prevent potential disagreements and litigation that may arise. It is crucial to consult with an experienced estate planning attorney when considering a Waiver of Right to Election by Spouse in Connecticut. They will guide you through the legal process, explain the implications, and ensure that all necessary legal requirements are met. This will help protect your interests and provide the desired outcome for your estate plan.Connecticut Waiver of Right to Election by Spouse is a legal document that allows a spouse to voluntarily relinquish their right to make an election against their deceased spouse's estate. This waiver is often used in estate planning to ensure a smooth transfer of assets and property to designated beneficiaries without any claims or disputes. In Connecticut, there are two main types of Waiver of Right to Election by Spouse: 1. Voluntary Waiver: A voluntary waiver is the most common type of waiver used in estate planning. It involves the spouse willingly surrendering their right to elect against the deceased spouse's estate. This waiver is typically executed by signing a legal document, often prepared by an attorney, which clearly states the intention to forgo the right of election. 2. Uncreative or Oral Waiver: In certain circumstances, an uncreative or oral waiver may be accepted in Connecticut. This type of waiver is made verbally by the spouse before witnesses and does not require a written document. However, it is important to note that an oral waiver may not be considered valid in all situations and could be subject to further scrutiny. The purpose of the Connecticut Waiver of Right to Election by Spouse is to provide clarity and certainty in estate planning. By waiving their right to elect against the deceased spouse's estate, the surviving spouse allows for a clear and unencumbered transition of assets to the intended beneficiaries. This waiver also helps prevent potential disagreements and litigation that may arise. It is crucial to consult with an experienced estate planning attorney when considering a Waiver of Right to Election by Spouse in Connecticut. They will guide you through the legal process, explain the implications, and ensure that all necessary legal requirements are met. This will help protect your interests and provide the desired outcome for your estate plan.
