Also known as:forced spousal shares · elective share · spousal forced share
Written by attorneys · grounded in primary & secondary sources — see below
A statutory right allowing a surviving spouse to claim a fractional share of the decedent's estate. The right overrides contrary testamentary dispositions and certain nonprobate transfers. It ensures the surviving spouse receives a minimum portion of the marital assets despite the decedent's estate plan.
Sources & Authorities
How it applies
Common Examples
2
Killer Forfeits Spousal Share
After Felix Franco feloniously kills his spouse Francesca Fiore, he attempts to claim a forced spousal share from her estate under the will. The court applies the slayer rule and bars Felix from any share. The estate distributes as if Felix had disclaimed his interest.
Fraudulent Transfer Challenged
Lester Finley placed funds in a joint account with his children shortly before his death. His widow Edna claims the transfer was made to defeat her forced spousal share. The court examines whether the account was fraudulently created and determines if the assets return to the estate for her elective claim.
Put it into practice
Test Yourself
10
Practice Questions5
· 8 primary sources
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Restatements
Study Supplements
Finley v. Finley726 S.W.2d 923 (Tenn.App.1986)
Common questions
Frequently Asked
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Does a forced spousal share apply to both real and personal property?+
Yes. The share reaches the decedent's probate estate and specified nonprobate assets included in the augmented estate. It replaced traditional dower and curtesy interests that applied mainly to land.
Supporting sources
Can a spouse waive the forced spousal share in a prenuptial agreement?+
Yes. A written waiver signed by the spouse before or after marriage is enforceable if it meets statutory requirements for voluntariness and disclosure. Courts examine whether duress or inadequate disclosure invalidates the waiver.
Supporting sources
How does a slayer rule affect the forced spousal share?+
A spouse who feloniously and intentionally kills the decedent forfeits the forced spousal share along with other estate benefits. The estate then passes as if the killer had disclaimed the interest.
Supporting sources
Are statutory allowances payable in addition to the forced spousal share?+
Yes. Homestead allowance, exempt property, and family allowance are not charged against the elective share and may be claimed separately when the surviving spouse elects.
Supporting sources
Real PropertyOwnership of real property · Present estates and future interestsUBEIntermediate