Grim Fairy Tales: Studies of Wicked Stepmothers, Poisoned Apples and the Elective Share
Albany Law Review, Forthcoming
29 Pages Posted: 6 Sep 2014
Date Written: July 15, 2014
Ever since the statutory elective share replaced dower and curtesy, courts have been trying to expand the property subject to the spouse’s elective share. The courts have used a number of justifications for their attempts to accomplish this. In a previous article, the author offered an interpretation of the proper use of public policy by courts when a statute on the subject has been enacted by the Legislature. This article applies that test to attempts by courts to expand the elective share to will substitutes, and finds such attempts to be an impermissible use of public policy by courts.
Keywords: elective share, spousal share, spouse,policy, will substitutes
JEL Classification: K11
Suggested Citation: Suggested Citation