An heir (typically a child, grandchild, or spouse) omitted from a testator's will, either entirely or through inadvertent failure to provide adequately. Broader than "pretermitted child"—can include various relatives who would naturally inherit if there were no will. Pretermitted heir statutes in some jurisdictions provide protection for certain classes of heirs not mentioned or adequately provided for, on presumption the omission was unintentional.
Someone who should have been in your will but isn't—and the law assumes you forgot them rather than deliberately leaving them out. Most common example: children born after you made your will. But some jurisdictions also protect other family members accidentally omitted. The law steps in to give these "forgotten" heirs a share of your estate, usually what they would've gotten if you'd died without a will.
⏱ When you'll encounter this term
- Major life changes after making your will (birth, adoption, marriage)
- Administering estates where family composition changed after will
- Disputes about whether omissions were intentional
- Consulting lawyer about updating an old will
- Researching your rights if left out of a parent's will
"Grandma made her will in 1995 leaving everything to her three children equally. My dad died in 2000 when I was 5. When Grandma died in 2023, her will still didn't mention me or my brother. Under pretermitted heir law, we were entitled to Dad's share, stepping into his shoes even though her will didn't mention us."
💡 Did you know?
Pretermitted heir laws vary widely by jurisdiction. Some protect only children born or adopted after the will. Others protect surviving spouses who married after the will. Some protect grandchildren if their parent (your child) died before you but after you made your will. Check your local law to understand who's protected and when you should update your will.