Election under the will - sustany/dvg GitHub Wiki

Election under the will, also known as taking against the will, refers to the decision of the�surviving spouse�to refuse what the deceased spouse chose to leave to them in the�will. Instead of accepting whatever was left to them in that will, the surviving spouse will claim the share of the�estate�that is allowed by state law, also known as their�statutory share. Usually, the surviving spouse decides to take against the will when the statutory share is larger than the property left in the will.