                                 CODE OF VIRGINIA

PROVISION FOR OMITTED CHILDREN WHEN CHILD LIVING WHEN WILL MADE (§ 64.2-420)

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&#8217;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&#8217;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&#8217;s will 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 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, § 64-70; 1960, c. 527; 1968, c. 656, § 64.1-71; 1972, c.
825; 1978, c. 647; 2012, c. 614.