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.