Iowa Code 633.267 – Children born or adopted after execution of will
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1. If a testator fails to provide in the testator’s will for any child of the testator born to or adopted by the testator after the execution of the testator’s last will, such child, whether born before or after the testator’s death, shall receive a share in the estate of the testator equal in value to that which the child would have received under section 633.219, after taking into account the spouse’s intestate share under section 633.211 orsection 633.212, whichever section or sections are applicable, if the testator had died intestate, unless it appears from the will that such omission was intentional.
Terms Used In Iowa Code 633.267
- Child: includes an adopted child but does not include a grandchild or other more remote descendants, nor, except as provided in sections 633. See Iowa Code 633.3
- Estate: means the real and personal property of either a decedent or a ward, and may also refer to the real and personal property of a trust described in section 633. See Iowa Code 633.3
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Intestate: Dying without leaving a will.
- Surviving spouse: means the surviving wife or husband, as the case may be. See Iowa Code 633.3
- Testator: A male person who leaves a will at death.
- year: means twelve consecutive months. See Iowa Code 4.1
2. a. For the purposes of this section, a child born after the testator’s death includes a child of the testator conceived and born after the testator’s death, or a child born as the result of the implantation of an embryo after the testator’s death, if all of the following conditions are met:
(1) A genetic parent-child relationship between the child and the testator is established.
(2) The testator, in a signed writing, authorized the testator’s surviving spouse to use the deceased parent’s genetic material to initiate the posthumous procedure that resulted in the child’s birth or the testator by specific reference to the genetic material, bequeathed the genetic material to the other parent in a valid will.
(3) The child is born within two years of the death of the testator.
b. Any child of the testator whose share of the estate would be reduced by the birth of a child born as provided in paragraph “a” shall have one year from the birth of the child within which to bring an action challenging the child’s right to a share of the estate under this section.
c. For the purposes of this subsection, “genetic material” means sperm, eggs, or embryos.