Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

pretermitted defense

Read a random definition: innocent-owner defense

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
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
LSD+ is ad-free, with DMs, discounts, case briefs & more.