14-2302

14-2302. Omitted children; shares;
definition

A. Except as provided in subsection C of this section, if a testator fails to
provide by will for a child who is born or adopted after the testator executes the will,
the omitted child receives a share in the estate as follows:

1. If the testator had no child living when the testator executed the will, an
omitted child receives a share in the estate equal in value to what the child would have
received if the testator had died intestate, unless the will devised all or substantially
all of the estate to the other parent of the omitted child and that other parent survives
the testator and is entitled to take under the will.

2. If the testator had one or more children living when the testator executed the
will and the will devised property or an interest in property to one or more of the
then-living children, an omitted child is entitled to share in the testator's estate as
follows:

(a) The portion of the testator's estate in which the omitted child is entitled to
share is limited to devises made to the testator's then-living children under the will.

(b) As limited under subdivision (a) of this paragraph, the omitted child is
entitled to receive the share of the testator's estate that the child would have received
if the testator had included all omitted children with the children to whom devises were
made under the will and had given an equal share of the estate to each child.

B. To the extent feasible, the interest granted an omitted child under subsection
A, paragraph 2 of this section shall be of the same character, whether equitable or
legal, present or future, as that devised to the testator's then-living children under
the will.

C. In satisfying a share prescribed by subsection A, paragraph 2 of this section,
devises to the testator's children who were living when the will was executed abate
ratably. In abating the devises of the then-living children, the court shall preserve to
the maximum extent possible the character of the testamentary plan adopted by the
testator.

D. Subsection A of this section does not apply if either of the following is true:

1. It appears from the will that the omission was intentional.

2. The testator provided for the omitted child by transfer outside the will and the
intent that the transfer be in lieu of a testamentary provision is shown by the
testator's statements or can be reasonably inferred from the amount of the transfer or
other evidence.

E. If at the time the testator executed the will the testator fails to provide by
will for a living child solely because the testator believes the child to be dead, the
child is entitled to share in the estate as if the child were an omitted after-born or
after-adopted child.

F. In satisfying a share provided by subsection A, paragraph 1 of this section,
devises made by the will abate under section 14-3902.

G. For the purposes of this section, "omitted child" means a child who was born or
adopted after the testator executed a will.