Change in Family After Will is Executed Flashcards
Testator Marries After Will is Executed
Texas does not have a pretermitted spouse statute, so newly married spouse would get nothing under the will
BUT
She does get HEF
Testator Divorced after Will is Executed
“Divorce revokes” all gifts and appointments (e.g. executor) of former spouse and relatives (who are not relatives of the testator)
Treat will as if former spouse (and relatives) predeceased testator.
If they remarry, the will does not automatically revoke (look to whether they were together at death of testator)
Pretermitted child
Child born after the will who is not covered by the will
Pretermitted Child- No other children when will is executed
child takes intestate share of all property not bequeathed to the other parent of the child.
Pretermitted Child- Other children when will is executed and such other children are NOT provided for.
child takes intestate share of all property not bequeathed to other parent
Pretermitted Child- Other children when will is executed and such other children are provided for.
child’s share is limited to the gifts to such other children. Nobody else’s gift is reduced.
When does pretermitted child statute not apply?
(i) if child is mentioned in the will (either as individual or part of class)
(ii) child is provided for by a non-probate transfer that takes effect at testator’s death.
For either, contingent beneficiary is enough.
If man has non-marital pretermitted child, how much can the child take?
Non-marital pretermitted child’s share is limited to one-half of the parent’s estate.
e.g. If Joe and Susan are married and Joe has a pretermitted child by Sarah (non-marital cheating), the most that child can take is one-half of Susan
Republication by Codicil
will is deemed to have been executed on date of last codocil
So if codocil is after pretermitted child is born (or gestation principle), then it is not pretermitted child.
