Definition
Dower refers to a legal provision commonly found in common-law jurisdictions which mandates that a certain portion of a deceased spouse’s estate be allocated to the surviving spouse, most often one-third. This right of inheritance is applicable regardless of any other terms in the deceased’s will. When the surviving spouse is the husband, this right is referred to as curtesy.
Examples
- Dower Rights in Real Estate: In some states, if a husband dies, his wife is entitled to one-third of the property they owned together during the marriage, regardless of what his will stipulates.
- Curtesy: If the wife dies first, the husband might have a right to everything she left behind, if there were children born into the marriage. This is the counterpart to dower rights and may differ by jurisdiction.
Frequently Asked Questions
What is the difference between dower and curtesy?
Dower refers to the portion of the estate that is granted to a surviving wife, whereas curtesy refers to the portion granted to a surviving husband.
How does the dower right affect modern estate planning?
In jurisdictions where dower rights are recognized, they can override the terms of a will, meaning that estate plans must account for these legal mandates to ensure proper distribution of assets.
Are dower rights still applicable today?
Dower rights have been abolished or significantly reformed in many jurisdictions but may still be relevant in some states or under specific circumstances, particularly where older laws are still in effect.
Can dower rights be waived?
Yes, dower rights can often be waived in writing, typically through a prenuptial agreement or a deed of release.
How do dower rights impact the sale of property?
In states recognizing dower rights, the surviving spouse may need to sign off on any sale of property to which dower rights would apply, even if they are not a titled owner.
Related Terms
- Curtesy: The counterpart of dower for surviving husbands.
- Elective Share: A statutory right in some jurisdictions allowing the surviving spouse to claim a portion of the deceased’s estate regardless of the will.
- Joint Tenancy: A form of ownership in which co-owners possess a property together with rights of survivorship.
- Tenancy by the Entirety: A form of ownership frequently used by married couples which provides rights of survivorship without requiring probate.
Online References
Suggested Books
- Wills, Trusts, and Estates by Dukeminier, Sitkoff, and Lindgren
- The Executor’s Guide: Settling a Loved One’s Estate or Trust by Mary Randolph J.D.
- Estate Planning Basics by Denis Clifford
- The American Bar Association Guide to Wills and Estates
Fundamentals of Dower: Estate Planning Basics Quiz
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