What form must a waiver of the elective share take?

• A. In writing notarized
• B. Oral waiver
• C. Not required
• D. Email

Answer: (A)

The key idea is that waivers of the elective share must be formalized in a written, signed instrument. This ensures the waiver is clearly evidenced and voluntary, reducing later disputes about what was agreed or whether the signer understood their rights. In practice, the written instrument is typically acknowledged or notarized to authenticate the signature and the waiver’s execution. An oral waiver or a waiver via email isn’t enforceable because there’s no reliable record of consent and awareness of the rights being waived. So the form that satisfies enforceability is a written, notarized waiver.