# 12 Del. C. § 905: § Â 905. Waiver of right to elect and of other rights

> Delaware · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_DE_T12_C9_S905

## Section

- **Citation:** 12 Del. C. § 905
- **Heading:** § Â 905. Waiver of right to elect and of other rights
- **Jurisdiction:** Delaware
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Delaware Code / Title 12 / Chapter 9 / Section 905

## Text

The right of election of a surviving spouse may be waived, wholly or partially, before or after marriage, by a written contract, agreement or waiver signed by the party waiving. Unless it provides to the contrary, a waiver of “all rights” (or equivalent language) in the property or estate of a present or prospective spouse or a complete property settlement entered into, after or in anticipation of separation or divorce is a waiver of all rights to the elective share by each spouse in the property of the other and a renunciation by each of all benefits which would otherwise pass to each from the other by intestate succession or by virtue of any will executed before the waiver or property settlement.

## Nearby sections

- [12 Del. C. § 901 § Â
        901. Right to elective share.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T12_C9_S901.md)
- [12 Del. C. § 902 § Â
        902. Elective estate defined.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T12_C9_S902.md)
- [12 Del. C. § 903 § Â
        903. Transfers to surviving spouse by decedent.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T12_C9_S903.md)
- [12 Del. C. § 904 § Â
        904. Right of election personal to surviving spouse.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T12_C9_S904.md)
- [12 Del. C. § 905 § Â
        905. Waiver of right to elect and of other rights.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T12_C9_S905.md)
- [12 Del. C. § 906 § Â
        906. Proceeding for elective share; time limit.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T12_C9_S906.md)
- [12 Del. C. § 907 § Â
        907. Effect of election on benefits derived from decedent.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T12_C9_S907.md)
- [12 Del. C. § 908 § Â
        908. Liability for elective share.](https://www.frixlaw.com/law-library/statutes/STATE_DE_T12_C9_S908.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_DE_T12_C9_S905. Check the current official text before relying on it. Not legal advice.