pretermitted children/children thought to be dead

Question 1

pretermitted child

Answer 1

child born or adopted after will is executed

Question 2

pretermitted child rule in UPC

Answer 2

Pretermitted child is entitled to take an intestate share UNLESS:

1. It appears from the will that omission was intentional
2. H left substantially all of his estate to the parent of the pretermitted child
3. H provided for the child by transfer outside will and intended transfer to be in lieu of provision in will.

Question 3

What happens if codicil is executed after pretermitted child’s birth?

Answer 3

Republication of codicil redates the will, and pretermitted child is intentionally omitted.

Question 4

child thought to be dead

Answer 4

common law - no relief for mistake in inducement to make or not make provision in will unless both mistake and what would have been done but for mistake appear in terms of the will
UPC - If T fails to provide in will for a living child solely b/c T believes child is dead, child is treated as pretermitted.