Right of election personal to surviving spouse
Applied in 2 court decisions — leading case Ggnsc Holdings, LLC v. Lamb Ex Rel. Williams (2016)
Most recently applied in Ggnsc Holdings, LLC v. Lamb Ex Rel. Williams (March 2016)
Acts 1949, No. 140, § 37; A.S.A. 1947, § 60-505.
(1) The right of election of the surviving spouse is personal. It is not transferable and does not survive the surviving spouse.
(2) The guardian of the estate of an incompetent surviving spouse, when authorized by the court having jurisdiction over the estate of the ward, may elect to take against the will in the ward's behalf.
Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.