Estates Spousal_Share Wills

MA SJC Interprets Spousal Elective Share

MA SJC Interprets Spousal Elective Share

Last week, the Supreme Judicial Court of Massachusetts issued its decision in Ciani v. MacGrath & others, SJC-12531 interpreting section 15 of chapter 191 which allows a surviving spouse to waive his or her claims provided under the deceased spouse’s will. In effecting such a waiver under section 15, the surviving spouse becomes entitled to a portion of the entire estate, the size of which is dependent on whether the deceased spouse left issue.