Also known as: pretermitted spouse · pretermitted child · pretermitted children · pretermitted heir · pretermitted heirs · omitted spouse · omitted child · pretermitted heir statute
Written by attorneys · grounded in primary & secondary sources — see below
A statutory doctrine that protects a child unintentionally omitted from a will by granting an intestate share of the estate. The protection applies when the will was executed before the child's birth or adoption and no provision was made for the omitted child. An exception withholds the share when the will devises substantially all of the estate to the omitted child's other parent who survives and takes under the will.
Noah executed a will while single and childless that left his entire estate to his girlfriend Mia. Years later Noah had a son Liam with a different partner and never updated the will. After Noah died in a climbing accident Liam petitioned for a share. Because the will did not leave substantially all of the estate to Liam's other parent the court awarded Liam the share he would have received in intestacy.
Evan executed a will leaving all property to his then-wife Lena. After divorce Evan remarried and had daughter Chloe but never revised the will. Chloe claimed an omitted-child share. Because the will had devised property to then-living children the court limited Chloe's share to the portion devised to those children and divided it equally among all children including Chloe.
Select any source to read its text and confirm it supports the definition.
After executing a will that left his estate to two existing children, a testator had a third child and never revised the will. The omitted child petitioned for a share. Because the will had devised property to the then-living children the court limited the omitted child's share to that pool and divided it equally among all three children.
An omitted child receives an intestate share when the testator had no living child at the time the will was executed and later fails to provide for the child in the will. The share is withheld only if the will devised all or substantially all of the estate to the other parent who survives and takes under the will.
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The omitted child's share is limited to the devises made to the testator's then-living children under the will. The omitted child then receives an equal portion of that limited pool along with the other children.
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No. Omitted-child statutes protect children born after will execution regardless of whether the testator provided lifetime support. The statute supplies a default share unless a specific exception such as a complete devise to the other parent applies.
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The omitted child receives no share. The statute withholds protection when the will devises all or substantially all of the estate to the surviving other parent who is entitled to take under the will.
Supporting sources
…least in part, the burden borne by the citizens of the commonwealth"); G. L. c. 191, § 20 (establishing inheritance rights for pretermitted children); G. L. c. 196, §§ 1-3 (permitting allowances from estate to widows and minor children); G. L. c. 209C, § 14 (permitting paternity claims to be commenced prior to birth). See also G. L. c.…