A child born to or adopted by a testator after execution of the testator's will, who is neither provided for nor mentioned in the will. Many jurisdictions have pretermitted child statutes giving such children an intestate share of the estate unless the omission appears intentional. Presumption is that the testator would have provided for the child if they'd updated their will after the child's birth or adoption.
A child left out of your will because they were born or adopted after you made your will. The law assumes you didn't mean to exclude them—you just didn't update your will. To protect these forgotten children, most jurisdictions have laws giving them a share of your estate anyway, as if you'd died without a will (at least for their share). Prevents accidental disinheritance of children born after will-making.
⏱ When you'll encounter this term
- Having a child or adopting after making your will
- Administering estates where children were born after the will
- Disputes about whether a child was intentionally omitted
- Updating your will after family changes
- Estate planning advice about protecting future children
"Dad made his will in 2005 when he had two children, leaving everything split between them. Then I was born in 2010, but Dad never updated his will. When he died, his will only named my two older siblings. But because I'm a pretermitted child, the law gave me an equal share—one-third of his estate."
💡 Did you know?
Pretermitted child laws won't protect a child if the will shows you intended to exclude them, or if you provided for them outside the will (like setting up a large trust fund). The laws only protect against accidental omission, not intentional disinheritance. Always update your will when you have children to make your intentions clear.