Afterborn or adopted children; omitted heirs
Sec. 8. (a) When a testator fails to provide in his will for any of
his children born or adopted after the making of his last will, such
child, whether born before or after the testator's death, shall receive
a share in the estate of the testator equal in value to that which he
would have received if the testator had died intestate, unless it
appears from the will that such omission was intentional, or unless
when the will was executed the testator had one (1) or more children
known to him to be living and devised substantially all his estate to
the spouse who survives him.
(b) If, at the time of the making of his will, the testator believes
any of his children to be dead, and fails to provide for such child in
his will, the child shall receive a share in the estate of the testator
equal in value to that which he would have received if the testator
had died intestate, unless it appears from the will or from other
evidence that the testator would not have devised anything to such
child had he known that the child was alive.
(Formerly: Acts 1953, c.112, s.308.)
Last modified: May 27, 2006