394.382 Share of pretermitted child.
156 words·~1 min read·
/ky/chapter-394/394-382A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.