§560:2-302  Omitted children.  (a) 
Except as provided in subsection (b), if a testator fails to provide in the
testator's will for any of the testator's children born or adopted after the
execution of the will, the omitted after-born or after-adopted 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 after-born or after-adopted child
receives a share in the estate equal in value to that which the child would
have received had the testator 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
after-born or after-adopted child is entitled to share in the testator's estate
as follows:



(A)  The portion of the testator's estate in
which the omitted after-born or after-adopted child is entitled to share is
limited to devises made to the testator's then-living children under the will;



(B)  The omitted after-born or after-adopted child
is entitled to receive the share of the testator's estate, as limited in
subparagraph (A), that the child would have received had the testator included
all omitted after-born and after-adopted children with the children to whom
devises were made under the will and had given an equal share of the estate to
each child;



(C)  To the extent feasible, the interest
granted an omitted after-born or after-adopted child under this section must 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;



(D)  In satisfying a share provided by this
paragraph, 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.



(b)  Neither subsection (a)(1) nor subsection
(a)(2) applies if:



(1)  It appears from the will that the omission was
intentional; or



(2)  The testator provided for the omitted after-born
or after-adopted 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 is reasonably inferred from the amount of the transfer or other
evidence.



(c)  If at the time of execution of the will
the testator fails to provide in the testator's 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.



(d)  In satisfying a share provided by
subsection (a)(1), devises made by the will abate under section 560:3-902. [L
1996, c 288, pt of §1]