(1)

(a) Where, under the will of a deceased person who dies wholly testate, there is a devise or bequest to a spouse or civil partner, the spouse or civil partner may elect to take either that devise or bequest or the share to which he is entitled as a legal right.

(b) In default of election, the spouse or civil partner shall be entitled to take under the will, and he shall not be entitled to take any share as a legal right.

(2)

(a) Where a person dies partly testate and partly intestate, a spouse or civil partner may elect to take either -

(i) his share as a legal right, or

(ii) his share under the intestacy, together with any devise or bequest to him under the will of the deceased.