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.
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This glossary post was last updated: 28th March, 2024.
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