right of election
- noun
- /raɪt əv ɪˈlɛkʃən/
- Formal
:
derecho de elección
- The surviving spouse decided to exercise her right of election after reading the terms of the will.
Examples
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Under the law, the right of election ensures that a spouse cannot be disinherited entirely.
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She exercised her right of election after her husband's death.
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If you are unsure about the right of election, consult a probate lawyer for advice.
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The right of election is crucial in probate cases.
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After her husband's passing, she chose to exercise her right of election to secure her rightful share of the estate.
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The right of election allows a spouse to either accept the provisions of a will or a statutory share instead.
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Understanding the right of election is essential for ensuring that a surviving spouse is fairly represented in the distribution of assets.
Surface Forms
Morphology
The phrase composes 'right' (entitlement) with 'election' (a choice), so learners who know the constituents can infer a basic meaning of a legal 'right to choose.' However, the precise probate sense—choosing between provisions of a will or a statutory share—is specialized and not fully predictable from the words alone, and 'election' can be ambiguous (often understood as a political vote), so full comprehension requires legal knowledge.
Etymology
Right of election uses right to mean what someone is allowed to do and election in the old sense of 'a choice'. Imagine a spouse choosing between what the 'will' gives or the share set by law, and that act of choosing is why the phrase means the surviving spouse's right to pick one option.
