Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

pretermitted defense

Read a random definition: clearance card

A quick definition of pretermitted defense:

A pretermitted defense is a legal argument used in court to challenge a claim made against a will. It is often used when an heir or beneficiary is left out of a will, and the pretermitted heir statute may apply. This law allows an omitted heir, such as a child or spouse, to inherit a share of the estate as if the testator had died without a will. However, this only applies if the omission was unintentional, such as in the case of an afterborn child.

A more thorough explanation:

A pretermitted defense is a type of defense used in legal cases involving wills and estates. It refers to a defense that is based on the fact that the testator (the person who made the will) did not include a certain person or entity in their will, either intentionally or unintentionally.

A pretermitted heir is a person who would have been entitled to inherit from the testator's estate if they had been included in the will, but who was not included for some reason. This can happen if the testator forgot to update their will after a major life event, such as the birth of a child.

A pretermitted-heir statute is a state law that provides protection for pretermitted heirs. Under this law, an omitted child or spouse can receive the same share of the estate as if the testator had died intestate (without a will), unless the omission was intentional. This means that if a child or spouse was left out of the will by mistake, they can still inherit from the estate.

For example, let's say that John creates a will that leaves his entire estate to his wife, Jane. However, John forgets to update his will after the birth of their child, Sarah. When John dies, Sarah would be considered a pretermitted heir because she was not included in the will. If the state where John lived has a pretermitted-heir statute, Sarah would be entitled to a share of John's estate, even though she was not mentioned in the will.

pretermitted child | pretermitted spouse

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
GodsPlanUltimately
14:59
You have gotten into some great schools too though
GodsPlanUltimately
14:59
There is still hope!
14:59
and NYU/CLS didnt come thru today
14:59
wave in one minute? jk but imagine
lil that would be cute yes also how tf am i out of messahes?!?!? (me after def sending over 15 messages) bruh i guess ill ttyguys later....also thank u god i like complainign about the cold,, i am v cold rn theres no hearing here,, chowie YES WAVE IN 1 MIN THEN IN 15 MIN
atwatodbit
15:00
has anyone who got into Penn today gotten login info or scholly information?
texaslawhopefully
15:00
thank you splitter and snow :)
lilypadfrog
15:00
@renard99: i was hoping you would say that
cumsock
15:00
Tex u dropped this 👑
GodsPlanUltimately
15:00
@cumsock: I second this statement
15:01
no emails
15:01
thirded
GodsPlanUltimately
15:03
Finding scholarships make me sad :c
15:04
who would win lsd hunger games
lilypadfrog
15:04
i still have cramps and no decisions
snow
15:04
bulb
15:05
what if i dropped a berk today eyes emoji just for funsies
JeremyFragrance
15:05
penn waitlist
15:05
berk today eyes emoji
JeremyFragrance
15:05
berk is my only hope now
JeremyFragrance
15:05
let's get it eggan
I yhink me and cumsuck would win also out of messages again
is anyone a thanksgiving applicant? have u heard anything from ANYwhere lol
GodsPlanUltimately
15:06
I applied a bit before Thanksgiving and hear back in December right before New Years
GodsPlanUltimately
15:06
And by that I mean literally on New Years
jackfrost11770
15:06
I would win I think like seriously and I'm not joking I think I would survived a zombie apocalypse. Not the last of us ones tho those mfers would kill me in an instant
GodsPlanUltimately
15:07
Bro if I'm in the 50th percentile why'd you give me money like someone under the 25th :C
GodsPlanUltimately
15:07
@jackfrost11770: In 6th grade I had intense fears of the zombie apocalypse because living in the sticks meant you saw no one on the way to school lol
lilypadfrog
15:08
sitting in my cubicle licking the candy coating off an advil
[] AromaticTroubledDormouse
15:09
so far i'm A at 3 schools, WL at 6, and R at 3. Waiting on 8. This cycle is maddening
LSD+ is ad-free, with DMs, discounts, case briefs & more.