Revocation By After-Born Child NY RULESRevocation by After-Born Child-when, after his will is executed, T has a child and dies without providing for this after-born child nor mentioning him in his will, such after-born child, whether born physical to T or adopted by T, may receive a portion of the estate depending on the scenario (EPTL §5-3.2): If, when his will is executed, T has children living but doesn’t provide for them in his will, an after-born child will not receive any portion of T’s estate. Policy: Because T has manifested an intent to not provide for his other children, T is presumed to have intended to not provide for an after-born child as well. If, when his will is executed, T has children living and makes equal distributions to them, then an after-born child will also take under T’s estate. The total amount distributed to his living children will be redistributed equally to all children, including the after-born child.
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