11. Pretermitted Children (UPC)

Question 1

Who are pretermitted children?

Answer 1

Born after will execution

Adopted after will execution

NOT before republication

Question 2

What are pretermitted children entitled to?

Answer 2

Intestate share of T’s estate (most pretermitted child statutes)

• Protect children from being accidentally omitted/disinherited/mistakenly believed to be dead
• NO intentional omission
• NO provisions for omitted child outside will

Limited share as to provisions made to other children (UPC + some states)

1) T had other children at will execution
2) Will provides for other children
3) Reduces bequests to other children (NOT bens)