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Doctrine of election in equity is :-As Snell puts it , " Equity fastens on the conscience of a person who is put to election and refuses to allow him to take the benefit of a disposition contained in the will, the validity of which is not in question, except on certain conditions"
This position is expressed as " One cannot both approbate and reprobate; benefits and burdens go together; one cannot both blow hot and cold in same breath; and that one cannot have a cake and eat it too".
e.g if A by will or deed gives X property belonging to B, and by the same instrument gives other property belonging to him (A) to B, equity will hold B to be entitled to the gift made to him by A.... only if B RENOUNCES HIS OWN property in favour of X. B has two courses open to him.
He may
1. take under the instrument, in which case X will take B's property and B will take property given to him by A
2. Take against the instrument, in which case, B will lose the gift made to him by A. Now X will suffer through B's election to keep his own property.
Wiki User
∙ 11y ago
Wiki User
∙ 9y agoThe equitable Doctrine of Election has been around for hundreds of years. It refers to the right of 'election' under a Will. Election is a remedy for spouses who have been disinherited in a Will or who are dissatisfied with their inheritance.
The law allows them to take an intestate share if that share would be greater than their inheritance. In that case they must waive their inheritance under the Will and file an electionwith the court. The right of election is extended to children in some states if they have been improperly disinherited by the testator.
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What is doctrine of equity in received law?
what is doctrine of equity
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