Omitted Child

If a child is born or adopted after a parent has made a will and that child is not mentioned in the will, the child is entitled to a share of the parent's estate as if the parent had died without a will. However, if the will shows that the omission was intentional, or if the parent had other children and left most of the estate to the other parent, the omitted child may not receive anything.

John executed his will leaving all his assets to his wife, Sarah, and did not mention his unborn child. After John's death, their child, Emily, was born. Since Emily was not provided for in the will and there was no evidence of intentional omission, she is entitled to an intestate share of John's estate.

Omitted children get a slice of the estate pie unless the will says otherwise!

Exams may present scenarios where the omission seems intentional but lack clear evidence in the will, misleading students into thinking the child is excluded. Students should carefully analyze the will's language and context.

Questions often involve a fact pattern where a child is born after the will is executed, prompting candidates to assess whether the omission was intentional or if other conditions apply.