Simple English definitions for legal terms
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A pretermission statute is a law that deals with situations where a will does not include a child or spouse of the deceased. It is also known as a pretermitted-heir statute.
A pretermission statute is a law that addresses the situation where a will does not mention a child or spouse who was born or married after the will was created. This situation is known as pretermission.
For example, if a person creates a will that leaves all their property to their two children, but then has a third child after the will is created and does not update the will, the pretermission statute would come into play. The pretermission statute would ensure that the third child receives a share of the estate, even though they were not mentioned in the will.
The pretermission statute is designed to prevent unintentional disinheritance of family members who were not included in the will due to a change in circumstances. It ensures that these family members receive a fair share of the estate.