Kentucky Statutes 394.382 – Share of pretermitted child
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(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.
History: Created 1972 Ky. Acts ch. 168, sec. 2, effective June 16, 1972.
(a) It appears from the will that the omission was intentional;
Terms Used In Kentucky Statutes 394.382
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Intestate: Dying without leaving a will.
- Testator: A male person who leaves a will at death.
(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.
History: Created 1972 Ky. Acts ch. 168, sec. 2, effective June 16, 1972.