1 minute read

After-Born Child

A child born after a will has been executed by either parent or after the time in which a class gift made according to a trust arrangement expires.

The existence of an after-born child has significant legal ramifications upon gifts made under wills and trusts. Under the law of wills, the birth of an after-born child after the parent makes a will does not revoke it but has the effect of modifying its provisions. Generally, the after-born child must be given the share of the parent's estate that the child would have been entitled to if the parent had died without leaving a will, according to the law of DESCENT AND DISTRIBUTION. The beneficiaries of the will must contribute a proportionate share of what they inherited to make up the after-born child's share.

Under the law of trusts, a gift to a class is one in which the creator of the trust, the settlor, directs that the principal of the trust should be distributed to a specifically designated group of persons, such as to grandchildren, who are alive at a certain time, such as at the settlor's death. Any child born after this time would not be entitled to a proportionate share of the trust principal unless conceived before the settlor died. An after-born child born eleven months after the settlor's death, therefore, would not share in the principal, since the class had closed nine months after the settlor's death.

Additional topics

Law Library - American Law and Legal InformationFree Legal Encyclopedia: Additional voluntary contribution (AVC) to Airspace