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Multiple Choice

Omitted Children (WILLS) refers to children born after the will execution who are unintentionally omitted.

Omitted children are those born after the will is executed who were unintentionally left out of the will. The rule protects a child who comes into existence after the will and would otherwise receive nothing if the omission were treated as final. Unless the testator purposely intended to omit the child, the child is entitled to a share of the estate—usually the portion the child would have received if the will had been updated to include him, or an equivalent statutory/intent-based share—subject to any exceptions the jurisdiction imposes for intentional omissions. This concept is distinct from gifts to children (bequests already named in the will), lapse (a gift failing because the beneficiary predeceased the testator), and testamentary capacity (the mental ability to make a valid will). The omitted-child rule applies specifically when a child is born or adopted after the will’s execution and the will makes no provision for that child.

Omitted children are those born after the will is executed who were unintentionally left out of the will. The rule protects a child who comes into existence after the will and would otherwise receive nothing if the omission were treated as final. Unless the testator purposely intended to omit the child, the child is entitled to a share of the estate—usually the portion the child would have received if the will had been updated to include him, or an equivalent statutory/intent-based share—subject to any exceptions the jurisdiction imposes for intentional omissions. This concept is distinct from gifts to children (bequests already named in the will), lapse (a gift failing because the beneficiary predeceased the testator), and testamentary capacity (the mental ability to make a valid will). The omitted-child rule applies specifically when a child is born or adopted after the will’s execution and the will makes no provision for that child.