Changes in Family After Will is Executed

Question 1

Omitted Spouse Statute

Answer 1

Marrige occurs after valid execution, spouse will take intestate share.

EXCEPTION: Omission was intentional OR Provision was made for spouse by transfer outside the will

Question 2

UPC Limitations on Omitted Spouse Statute

Answer 2

Limits share to property only as to the portion of the estate NOT devised to testator’s children or descendants.

Question 3

Testator Divorced After Valid Execution of a Will

Answer 3

Final decree of divorce/annulment revokes all gifts and fiduciary appointments in favor of former spouse.

Treated as though former spouse and descendants predeceased testator.

Question 4

Pretermitted Child Statute

Answer 4

Statute protects child born/adopted after valid execution. Child will take an intestate share UNLESS omission was intended to exclude future children.

Question 5

UPC Pretermitted Child Statute

Answer 5

If will devised property to such other children PRETERMITTED child’s share is limited to gift to the other children.

Question 6

Republication by Codicil

Answer 6

If codicil is added after child is born or adopted, then child is no longer treated as a pretermitted child.