Wills, Trusts, and Estates

Unintentional Disinheritance of Children

If one fails to provide for children later born to or adopted by him, it is presumed he would have given the children what they would have gotten had he died intestate (anything he did not give to his wife). UPC § 2-302(a)(1).

If one already has some children but has more after the will is drafted, the new children get their share of the total given to children, taken pro rata from the named children. UPC § 2-302(a)(2)

  • So if one has two kids, drafts a will leaving them $10,000 and $5,000, and then has a third kid; the third child will receive one-third of the $15,000 left to the kids. The other kids will give $3,333 and $1,667, respectively. The final amounts received will be: $6,667, $3,333, and $5,000.