§ 64.2-420 Provision for omitted children when child living when will made
A. If a testator executes a will that makes provision for a living child of the testator, a child born or adopted after execution of a testator’s will who is neither provided for nor expressly excluded by the will is entitled to the lesser of (i) such portion of the testator’s estate as the afterborn or after-adopted child would have been entitled to if the testator had died intestate or (ii) the equivalent in amount to any bequests and devises to any child named in the will, and if there are bequests or devises to more than one child, then to the largest aggregate bequest or devise to any child.
B. The devisees and legatees of the testator’s will shall contribute ratably to the portion of the testator’s estate to which the afterborn or after-adopted child is entitled, either in kind or in money, out of what is devised and bequeathed to them, as the court deems proper. However, if such afterborn or after-adopted child dies unmarried, without issue, and before reaching 18 years of age, his portion of the estate, or so much of his portion as may remain unexpended, shall revert to the person to whom it was given by the will.
History
The record of this law’s original creation isn’t available online. It has been modified 5 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 527; in 1968, chapter 656; in 1972, chapter 825; in 1978, chapter 647; in 2012, chapter 614.
Code 1950, § 64-70; 1960, c. 527; 1968, c. 656, § 64.1-71; 1972, c. 825; 1978, c. 647; 2012, c. 614.