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AGO Opinions with Topic: WILLS
AGO 1949 No. 171 >  December 5, 1949
WILLS - POWER OF TESTATOR TO WILL ENTIRE COMMUNITY ESTATE - DOCTRINE OF ELECTION - INHERITANCE OR GIFT TAX
WILLS -- POWER OF TESTATOR TO WILL ENTIRE COMMUNITY ESTATE -- DOCTRINE OF ELECTION -- INHERITANCE OR GIFT TAX

1. Generally, testator may not dispose of the one half interest of surviving spouse in community property by will.2. The doctrine of election is recognized in Washington where the testator clearly shows in his will that he intended to dispose of the entire community estate and the surviving spouse is thus put to her election either to renounce her moiety in the community property and accept the benefits under the will, or demand her community interest; such election may be made either by accepting the benefits of the will at distribution or by waiver or estoppel.

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