What term describes the statutory portion of an estate that a surviving spouse can claim, regardless of the will's provisions, to ensure financial support?

• A. Nuncupative will
• B. Standing
• C. Verified complaint
• D. Elective share

Answer: (D)

The concept tested is the surviving spouse’s right to a statutory portion of the estate to guarantee financial support, regardless of the will’s terms. This is the elective share. The elective share gives a widow or widower the option to take a pre-determined portion of the estate instead of what the will leaves them, ensuring they aren’t disinherited or left without funds. The exact amount varies by jurisdiction, often a fraction of the estate or an amount calculated from the augmented estate, but the core idea is the same: a protected, legally defined share for the spouse. The other terms don’t describe this protective right—nuncupative will refers to an oral will, standing is about legal status to sue or be sued, and a verified complaint is a sworn civil complaint.