After-Born Child Law and Legal Definition
An after-born child is a child born after execution of a will by either parent or born after the time in which a class gift closes.
The existence of an after-born child has significant legal effects upon gifts made under wills and trusts. According to the law of wills, the birth of an after-born child does not revoke the will made by the parent but has the effect of modifying its provisions. Generally, an after-born child is entitled to receive a share of the parent's estate that s/he would have been entitled to if the parent had died without leaving a will. The beneficiaries of the will must contribute a proportionate share of what they inherited from the will to make up the after-born child's share.
Provisions relating to after-born child vary by state. In most states, an after-born child is eligible to receive a share that he would have received if the parent had died without leaving a will. However, the after-born child does not receive the share if:
1. the omission was purposefully made.
2. the will left most of the estate to the surviving parent.
3. the decedent has made some other provisions for the child.
Legal Definition list
Related Legal Terms
- Abused Child
- Adam Walsh Child Protection and Safety Act
- Administration for Children and Families
- Administration on Children, Youth, and Families
- Adopted Child
- Adoption Assistance and Child Welfare Act of 1980
- Adult Child With a Disability
- Aggravated Sexual Assault Against a Child
- Aid to Families With Dependent Children AFDC
- Amber Hangerman Child Protection Act
