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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) 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:
(a) It appears from the will that the omission was intentional;
(b) When the will was executed the testator had one (1) or more children and devised substantially all his estate to the other parent of the omitted child; or
(c) The testator provided for the child by transfers outside the will and the intent that the transfers be in lieu of a testamentary provision is shown by statements of the testator or from the amount of the transfers or other evidence.
(2) In satisfying a share provided for in this section, such share shall be taken ratably from the interest of heirs, devisees and legatees.
Cite this article: FindLaw.com - Kentucky Revised Statutes Title XXXIV. Descent, Wills, and Administration of Decedents' Estates § 394.382.Share of pretermitted child - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-xxxiv-descent-wills-and-administration-of-decedents-estates/ky-rev-st-sect-394-382/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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