Re: Lie in the Will
I was wondering this also. A pretermitted heir is a term used in the law of property to describe a person who would likely stand to inherit under a will, except that the testator (the person who wrote the will) did not know or did not know of the party at the time the will was written. The most common category of pretermitted heir is the pretermitted child, born after the execution of the will. **If the court determines that an heir was accidentally omitted**, that heir is entitled to receive the same share of the estate as she/he would have if the deceased had died without a will.
Also a will may contain a clause which explicitly disinherits any heirs unknown at the time that the will is executed, or any heirs not named in the will.
re jk's definition re:"The reasoning is that the parent either inadvertently forgot the child or incorrectly believed the child was dead, and did not mean to leave him/her out." I don't think he inadvertently left him out since he said he had no children + he knew about the child & I don't think he assumed he was dead since they have had contact.
Original Poster can get a lawyer though & they can see what the court decides - if the court decides he was accidentally left out or not.
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