Legal Definitions - Omitted Child Statutes

Omitted child statutes are laws that allow children who were not included in their parents' will to make a claim against their parents' estate. This is only applicable to children who were born or adopted after the will was executed and were not intentionally left out of the will.

Let's say John wrote his will before he had a child named Sarah. He did not update his will to include Sarah, and when he passed away, Sarah was not mentioned in the will. However, because of the omitted child statute, Sarah can make a claim against John's estate.

Another example is if a couple adopts a child after they have written their will. If they did not update their will to include the adopted child, the omitted child statute would allow the adopted child to make a claim against their estate.

These examples illustrate how omitted child statutes protect children who were accidentally left out of their parents' will. It ensures that their parents' intentions are carried out, even if they did not update their will to include the child.