In modern law, what change has occurred regarding dower and curtesy?

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In modern law, dower and curtesy, which historically referred to the rights of a surviving spouse to a portion of a deceased spouse’s estate, have undergone significant changes. Many jurisdictions have eliminated or greatly altered these traditional rights due to shifts towards more equitable inheritance laws and the recognition of both spouses' economic contributions during marriage.

The traditional dower and curtesy rights conferred a life estate in a portion of the deceased spouse's property, which often led to complexities and limitations in estate planning. As societies have evolved, there has been a move towards systems that recognize the shared nature of marital property and allow for a more straightforward transfer of assets upon death, either through wills or non-probate transfers.

In many jurisdictions today, spousal rights are defined more inclusively, with many opting for statutory allowances for surviving spouses that do not adhere strictly to the outdated frameworks of dower and curtesy. This has resulted in a more simplified and equitable distribution process, reflecting contemporary views on marriage and property ownership.

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