What if I have more children after writing my will?

If you have more children after you have prepared a will then you need to review the will with an attorney and determine whether the will is silent on the issue or not. A lot of wills say, “I give my assets to my children equally.” That language would include both prior children and children born after the will was prepared.

One very important thing to understand is that the will governs only probate assets. Many times a husband and wife will hold assets jointly, especially key assets like a family home or savings account. When one spouse dies, the remaining spouse becomes full owner of the assets that were previously held jointly. So, those assets are not governed by the will at all and what the will says a subsequently born child will receive becomes irrelevant (at least for those assets).

Some wills don’t address the issue of distributions to subsequently born children at all. In that case, a child born after the will take under the loss of intestacy. But then it can get somewhat confusing because if it is a situation with one marriage and one set of children, under the laws of intestacy, it all goes to the surviving spouse.

In situations where there are children born after a will has been made, representation by an experienced attorney is more important than ever.

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