Unborn Beneficiary Law and Legal Definition

Unborn beneficiary is a person named in a general way as sharing in an estate, trust, or gift, though the named person is not yet born. A guardian ad litem may be appointed to protect the interests of unborn beneficiaries.

The following is an example of a state statute () referring to unborn beneficiaries:

Distinct classes of unborn beneficiaries.

Where a construction of a will potentially creates distinct classes of unborn beneficiaries, and the interests of each class are adverse to the others, guardians ad litem should be appointed for each class. Berry v. Union Nat'l Bank, 164 W. Va. 258, 262 S.E.2d 766, 1980 W. Va. LEXIS 449 (1980). [W. Va. Code § 56-4-10].