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Ala. Code § 43-8-91

Pretermitted Children.

Applied in 1 court decision — leading case In re Gilmore (2011)

Most recently applied in In re Gilmore (June 2011)

(Acts 1982, No. 82-399, §2-302.)

(a) If a testator fails to provide in his or her will for any of his or her children born or adopted after the execution of his or her will, the omitted child receives a share in the estate equal in value to that which he or she 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 or her 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 or her will for a living child solely because he or she believes the child to be dead, the child receives a share in the estate equal in value to that which he or she 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.

Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.