Define: Taking Against The Will

Taking Against The Will
Taking Against The Will
Quick Summary of Taking Against The Will

Taking against the will refers to the legal right of a surviving spouse or heir to reject provisions made for them in a deceased person’s will and instead claim their statutory share of the estate as provided by law. This right typically arises when the deceased spouse’s will fails to adequately provide for the surviving spouse or heirs. In such cases, the surviving spouse or heirs may choose to “take against the will” by electing to receive their statutory share of the estate, which is often a fraction or percentage of the deceased’s estate determined by state law. This statutory share is intended to protect surviving spouses and heirs from being unfairly disinherited and ensures they receive a minimum portion of the estate regardless of the provisions made in the deceased person’s will. Taking against the will allows surviving spouses and heirs to assert their legal entitlements and seek a fair distribution of the estate.

What is the dictionary definition of Taking Against The Will?
Dictionary Definition of Taking Against The Will
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called "taking against the will." Dower and curtesy is another name for the same legal process.
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This glossary post was last updated: 28th March, 2024.

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