A pretermission statute, also referred to as a pretermitted-heir statute, is a law that addresses cases in which a will fails to include a child or spouse of the deceased.
A pretermission statute is a law that addresses the situation where a will fails to mention a child or spouse who was born or married after the will was created. This situation is referred to as pretermission. For instance, if an individual creates a will that bequeaths all their assets to their two children, but later has a third child without updating the will, the pretermission statute would apply. The pretermission statute would guarantee that the third child receives a portion of the estate, even though they were not specifically named in the will. Its purpose is to prevent unintentional exclusion of family members who were not accounted for in the will due to changing circumstances. It ensures that these family members are fairly included in the distribution of the estate.
A pretermission statute is a legal provision that addresses the situation where a child or spouse is unintentionally left out of a person’s will. It ensures that the omitted individual still receives a share of the estate.
Under a pretermission statute, if a child or spouse is not mentioned in a will or is inadequately provided for, they are entitled to a portion of the estate as if the deceased person had died intestate (without a will).
If a child or spouse is omitted from a will, the pretermission statute will typically grant them a share of the estate. The specific share may vary depending on the jurisdiction and other factors.
Some jurisdictions may have exceptions to the pretermission statute. For example, if it can be proven that the omission was intentional or if the child or spouse was provided for through other means, they may not be entitled to a share of the estate.
Yes, a pretermission statute can be overridden by a valid will. If the deceased person specifically states in their will that they do not want their omitted child or spouse to receive any portion of their estate, the pretermission statute may not apply.
In cases where the deceased person had multiple marriages or children from different relationships, the pretermission statute may still apply. Each jurisdiction may have its own rules on how the estate should be divided among the omitted individuals.
Yes, a pretermission statute can be challenged in court if there are valid grounds to do so. However, the burden of proof generally lies with the party seeking to challenge the statute.
To ensure that your will does not omit any eligible individuals, it is important to regularly review and update your will. Consulting with an experienced estate planning attorney can also help ensure that all necessary provisions are included.
If you want to intentionally exclude a child or spouse from your will, it is crucial to clearly state your intentions in the will. Working with an attorney can help ensure that your wishes are properly documented and minimize the chances of a legal challenge.
In most cases, pretermission statutes only apply to children and spouses. However, some jurisdictions may have broader provisions that include other family members. It is important to consult the specific laws of your jurisdiction to determine who may be covered under the pretermission statute.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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