Omitted Spouse or Child

If a person marries after signing their will and does not update it, the surviving spouse gets an intestate share. This share is based on the portion not already given to children from before the marriage.

The protection does not apply in three cases. First, the will was made expecting the marriage. Second, the will says it stays in effect despite any future marriage. Third, the testator provided for the spouse outside the will.

When a child is born or adopted after the will is signed, that child gets a share. If the testator had no children when the will was written, the child gets an intestate share. If other children were already named, the omitted child shares in their gifts. These protections do not apply if the omission was on purpose. They also do not apply if the testator provided through other means.

The simplest fix is to update your will or trust after every major family change. A current estate plan makes your wishes clear. It prevents the law from deciding for you.