A pretermitted child refers to a child who is not specifically named in their parent’s will. This situation can occur if the parent creates a will prior to the child’s birth or adoption. In certain circumstances, the pretermitted child may still have a legal right to receive a portion of the parent’s assets.
In the given scenario, a pretermitted child or spouse refers to someone who has been excluded from a will despite being born or married after the will was created. For instance, if John creates a will leaving all his assets to his two children, but later has another child who is not mentioned in the will, that child becomes a pretermitted child. This means that the pretermitted child has a legal entitlement to inherit from the deceased, even though they were not specifically named in the will.
A pretermitted child is a child who is not mentioned in their parent’s will, either because they were born or adopted after the will was created, or because the parent simply forgot to include them.
In many jurisdictions, pretermitted children have the right to inherit from their parent’s estate, even if they are not mentioned in the will. This is to ensure that they are not unfairly disinherited.
Yes, a pretermitted child can contest a will if they believe they were unfairly left out of the parent’s estate. They may need to provide evidence of their relationship to the deceased and demonstrate that they were unintentionally omitted from the will.
If it can be proven that the parent intentionally left out the pretermitted child, the child may have a more difficult time contesting the will. However, each case is unique and will depend on the specific circumstances.
Yes, if the parent died without a will (intestate), the pretermitted child may be entitled to a share of the estate under the laws of intestate succession.
If the parent had a valid reason for leaving out the pretermitted child, such as a strained relationship or lack of contact, this may be taken into consideration by the court when determining the child’s rights to the estate.
In some cases, a pretermitted child may be entitled to a larger share of the estate than other beneficiaries, especially if they were unintentionally omitted from the will.
Evidence such as birth certificates, adoption records, and any communication between the parent and child may be used to prove that a child is pretermitted.
In some cases, a parent may have specifically disinherited a child in their will. However, this must be clearly stated in the will and the reasons for the disinheritance must be valid.
Yes, it is highly recommended to consult with a lawyer who specializes in estate law if you believe you are a pretermitted child. They can help you understand your rights and options for contesting the will or claiming your share of the estate.
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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