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TAKING AGAINST THE WILL

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

State law procedure providing a right to a surviving spouse to demand a certain statutory share (usually 1/3 to 1/2) of the estate of the deceased spouse. If the surviving spouse decides to take the statutory share as opposed to the property left in the will (usually because the statutory share is larger), it is called taking against the will. This is also known as dower and curtesy.

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