Legal Definitions - taking against the will

Definition: Taking against the will is when a surviving spouse chooses to refuse what their deceased spouse left to them in their will. Instead, they claim the share of the estate that is allowed by state law. This is usually done when the statutory share is larger than the property left in the will.

Example: John and Jane were married for 20 years. John passed away and left everything to Jane in his will. However, Jane decides to take against the will and claim her statutory share instead. In this case, Jane would receive a larger share of the estate than what John left her in his will.

Explanation: This example illustrates how a surviving spouse can choose to take against the will and claim their statutory share instead of what was left to them in the will. In this case, Jane decided to do so because her statutory share was larger than what John left her in his will.

See also:Elective Share