Advisory Committee: Recommendations on Right of Election Statute


Within the Fifth Report to the Legislature, the Advisory Committee to the Legislature on the EPTL and SCPA included in our study and recommendations regarding the Right of Election Statute.* The Advisory Committee reviewed the existing statute that was in place prior to 1992 to determine whether there should be changes concerning how a right of election may be satisfied; whether testamentary substitutes should be expanded; whether there should be any technical corrections or modifications concerning the method of making such an election; and in what instances a surviving spouse would be disqualified from making an election.

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