The Uniform Probate Code\u27s Elective Share: Time for a Reassessment

In this Article, Professor Waggoner proposes reforms to the Uniform Probate Code\u27s (UPC) treatment of the elective share of the surviving spouse. First, the Article recommends that the UPC adopt a form of presentation that more transparently reflects the normative theories and empirical assumptions underlying the UPC\u27s elective share framework. Second, the Article presents demographic data suggesting that the UPC\u27s current elective share approximation schedule may be inappropriatef or a sizable faction of married couples, those remarryingf ollowing widowhood. Finally, the Article proposes two substantive revisions to the UPC\u27s election share framework-the first proposal is to lengthen the approximation schedule; the second is to offer enacting states a deferred community property alternative