Definition:
Pretermission refers to the act of unintentionally excluding an individual from a will, resulting in them being referred to as a pretermitted heir. When drafting a will, individuals typically designate specific beneficiaries, such as their children. However, in some cases, an individual may inadvertently overlook including someone in their will.
Pretermission is the act of excluding an heir from a will or the state of being excluded as an heir of a testator. For instance, in Example 1, John unintentionally left out his youngest child, Sarah, from his will, resulting in her being pretermitted or not included in the will. In Example 2, Mary’s will included her husband and children as beneficiaries, but since she had no children at the time of writing the will, her future children were pretermitted or left out. These examples demonstrate how pretermission can occur when a testator forgets to include an heir in their will or fails to anticipate the birth of future children. In such situations, the omitted heirs may have legal options to claim their rightful portion of the estate.
Pretermission refers to the omission or exclusion of a person from a will, typically a close family member, such as a spouse or child.
In most jurisdictions, pretermitted persons are entitled to a share of the estate, even if they were not specifically mentioned in the will.
If a pretermitted person is entitled to a share of the estate, their portion will be determined based on the laws of intestacy or other applicable laws.
If it can be proven that the omission was intentional, the pretermitted person may not be entitled to any share of the estate. However, this can be a complex legal matter and may require evidence and legal representation.
Yes, a pretermitted person can challenge the validity of the will if they believe it was executed under undue influence, fraud, or lack of capacity.
If the pretermitted person dies before the testator, their share of the estate will typically pass to their own heirs or beneficiaries.
Yes, a testator can intentionally disinherit a pretermitted person by including a clear statement in the will expressing their intention to exclude that individual from inheriting.
Some jurisdictions may have exceptions to pretermission laws, such as if the testator had no knowledge of the pretermitted person’s existence at the time of making the will.
In some cases, pretermitted persons may receive a larger share of the estate compared to other beneficiaries, especially if they would have been entitled to a significant portion under intestacy laws.
If you believe you have been pretermitted from a will, it is advisable to consult with an experienced estate planning attorney who can guide you through the legal process and help protect your rights.
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.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/pretermission/
- Modern Language Association (MLA):Pretermission. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/pretermission/.
- Chicago Manual of Style (CMS):Pretermission. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/pretermission/ (accessed: May 09 2024).
- American Psychological Association (APA):Pretermission. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/pretermission/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts