Section 43-8-91

Section 43-8-91Pretermitted children.

(a) If a testator fails to provide in his will for any of his children born or adopted after the execution of his will, the omitted child receives a share in the estate equal in value to that which he would have received if the testator had died intestate unless:



(1) It appears from the will that the omission was intentional;



(2) When the will was executed the testator had one or more children and devised substantially all his estate to the other parent of the omitted child; or



(3) The testator provided for the child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision be reasonably proven.



(b) If at the time of execution of the will the testator fails to provide in his will for a living child solely because he believes the child to be dead, the child receives a share in the estate equal in value to that which he would have received if the testator had died intestate.



(c) In satisfying a share provided by this section, the devisees made by the will abate as provided in section 43-8-76.

(Acts 1982, No. 82-399, §2-302.)