After-born Children

An after-born child is legally defined as a child who is born after a parent has executed a will or after the time a class gift (a group of beneficiaries) closes. This can also include a child born after the death of a parent if the child was conceived before the parent's death (sometimes called an "afterborn" or posthumous child).

Key Legal Implications of After-Born Children:

• The birth of an after-born child does not revoke the existing will, but it may modify the will’s provisions to ensure the child receives a fair share of the estate.
• Generally, an after-born child is entitled to inherit a share of the parent's estate as if the parent had died intestate (without a will), unless:
  • The omission of the child in the will was intentional,
  • The will leaves most of the estate to the surviving parent,
  • Or the parent has made other provisions for the child outside the will.
• If the will provides for other children, the after-born child typically shares in the estate proportionally with them.
• In some jurisdictions, such as Florida, after-born children are protected by statute to inherit as if they were born during the decedent’s lifetime, preventing accidental disinheritance.

Summary

An after-born child is a child born after the execution of a will or after the parent's death (if conceived before death). Laws ensure these children are not unfairly disinherited by adjusting the distribution of the estate to include them, reflecting their rights similar to children born before the will was made.

This concept is important in estate planning and probate law to protect the inheritance rights of children born after a will is created or after a parent's death.