Elective Share
The legal right of a surviving spouse to claim a certain percentage of the deceased spouse's estate, regardless of what the will says. This prevents someone from completely disinheriting their spouse.
Legal Definition
A statutory right available to a surviving spouse to elect to receive a specified fraction of the decedent's augmented or probate estate in lieu of the provision made for the spouse under the decedent's will or trust.
Practical Example
John's will leaves everything to his brother, nothing to his wife. In a state with a one-third elective share, his wife can claim one-third of John's estate despite what the will says. The brother receives the remaining two-thirds.