Legal Definitions - pretermitted child

A pretermitted child is a child who was born or adopted after a parent's will was created, and who was not mentioned or provided for in that will. Legal systems often presume that the omission of such a child from the will was accidental, rather than intentional. As a result, a pretermitted child may have a legal right to inherit a portion of the deceased parent's estate, even though they were not explicitly named in the will.

Here are some examples to illustrate this concept:

• Example 1: Birth After Will Execution

  Sarah drafted her will in 2015, leaving all her assets to her husband, Mark. At that time, they had no children. In 2017, Sarah and Mark welcomed their daughter, Emily. Sarah passed away unexpectedly in 2023 without ever updating her will to include Emily. In this scenario, Emily would be considered a pretermitted child because she was born after the will was made and was not mentioned in it. Depending on the jurisdiction, Emily would likely be entitled to inherit a share of Sarah's estate, as the law presumes Sarah did not intend to disinherit her own child.

• Example 2: Adoption After Will Execution

  David created a will in 2010, naming his two adult children from a previous marriage as his sole beneficiaries. In 2018, David and his new wife adopted a young son, Leo. David died in 2022 without revising his will to include Leo. Leo would be considered a pretermitted child. Even though he was adopted rather than biologically born to David after the will was made, the legal principle applies. Leo would likely have a claim to a portion of David's estate, as the law assumes David's failure to include him was an oversight.

• Example 3: Child from a Subsequent Relationship

  Maria executed a will in 2005, leaving her estate to her two children, Alex and Ben. Years later, Maria divorced and remarried. In 2015, she had another child, Clara, with her new husband. Maria never updated her 2005 will to include Clara. When Maria passes away, Clara would be a pretermitted child. The law would likely allow Clara to inherit a share of Maria's estate, as it's presumed Maria simply forgot or neglected to update her will to include her youngest daughter, rather than intentionally excluding her.