                                 CODE OF VIRGINIA

PROVISION FOR OMITTED CHILDREN WHEN NO CHILD LIVING WHEN WILL MADE (§ 64.2-419)

A. If a testator executes a will when the testator has no children, a child born
or adopted after the execution of the testator&#8217;s will, or any descendant
of his, who is neither provided for nor mentioned in the will is entitled to
such portion of the testator&#8217;s estate as he would have been entitled to if
the testator had died intestate.

B. The devisees and legatees shall contribute ratably to the portion of the
testator&#8217;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, or any descendant of his, 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: Code 1950, § 64-69; 1968, c. 656, § 64.1-70; 1972, c. 825; 2012, c.
614.