An election against the will is an inheritance term that is sometimes called a widow's share, statutory share or forced share. The amount of this share varies by state but is usually between one half and one third of the estate. However, some states also take into consideration the number of years the marriage has lasted in determining the amount. There are other variable involved if the surviving spouse chooses to take an election against the will, such as whether or not there are any minor children and the independent financial status of the surviving spouse. Also, if the surviving spouse chooses to take election against the will some states allow that portion only while other states allow the election against the will to coincide with any named gifts in the estate will.