Wills and Trusts Bar Practice Exam 2025 – The Complete All-in-One Resource for Bar Exam Success!

The purpose of elective share statutes in non-community property states is to guarantee a minimum share for disinherited spouses. These statutes are designed to protect a surviving spouse from being completely disinherited by ensuring that they receive a certain percentage of the deceased spouse's estate, regardless of the provisions laid out in the will.

This legal framework acknowledges the contributions of a spouse to the marriage and aims to prevent one spouse from unduly depriving the other of a fair portion of assets accumulated during the marriage. The elective share acts as a safeguard, ensuring that the surviving spouse has a right to claim a defined share of the estate, which provides financial security and recognizes the marital partnership.

In contrast, options regarding allowing equal shares for all heirs or preventing testamentary dispositions do not align with the fundamental purpose of elective share statutes. Instead, these statutes focus specifically on the rights of a surviving spouse, which is distinct from intentions regarding the distribution of an estate among multiple heirs or contesting the validity of a will.