Notwithstanding anything contained in sections 180 to 185, where a particular gift is expressed in the will to be in lieu of something belonging to the legatee, which is also in terms disposed of by the will, then, if the legatee claims that thing, he must relinquish the particular gift, but he is not bound to relinquish any other benefit given to him by the will.
Illustration:
Under A's marriage-settlement his wife is entitled, if she survives him, to the enjoyment of the estate of Sultanpur during her life. A by his will bequeaths to his wife an annuity of 200 rupees during her life, in lieu of her interest in the estate of Sultanpur, which estate he bequeaths to his son. He also gives his wife a legacy of 1,000 rupees.
The widow elects to take what she is entitled to under the settlement. She is bound to relinquish the annuity but not the legacy of 1,000 rupees.
Legal Commentary & Landmark Judgments: Section 186
Section 186 creates an exception to the preceding election sections, providing that a person whose property is disposed of by will is not put to election if the will demonstrates a contrary intent.
In defending against an election claim, counsel should parse the will for clauses stating that bequests are given 'in addition to' or 'without prejudice to' the legatee's existing rights; such wording triggers Section 186 and defeats the plea of election.