Life changes quickly, and few events change it more than the birth or adoption of a child. If you already have a will in place, you might assume it still reflects your wishes—but under Florida law, the arrival of an afterborn child can significantly alter how that will works.
Florida’s “Pretermitted Child” Rule
In Florida, a child born or adopted after a will is executed—and not mentioned in that will—is called a pretermitted child. Under Florida Statute § 732.302, the law presumes the omission was unintentional. This means the child is entitled to a share of your estate as though you had died without a will (intestate), unless one of the following applies:
- Intentional omission – The will clearly shows you meant to leave out the child.
- Provision for the child’s other parent – You had one or more children when you signed the will and left substantially all of your estate to the afterborn child’s other parent.
- Alternate provision – You provided for the child outside the will, such as through a trust, life insurance, or beneficiary designation.
How an Afterborn Child Changes the Distribution
Your will is not revoked, but the afterborn child’s statutory share must be carved out of your estate. This usually means:
- Other beneficiaries’ shares are reduced proportionally (a process called abatement)
- Specific bequests—such as a gift of cash or property—might need to be partially or entirely liquidated to provide the child’s share
Example in Practice
Imagine you leave your entire estate to a friend in your will. Years later, you have a child but never update the document. Unless one of the statutory exceptions applies:
- If you have no surviving spouse, the child would inherit your entire probate estate.
- If you have a surviving spouse, the child would generally share the estate with the spouse, often splitting it 50/50.
The exact division depends on your family situation under Florida’s intestacy rules.
Why You Should Update Your Estate Plan
The birth or adoption of a child is one of the most important times to review and update your estate plan. Even if you intend to leave your estate as-is, your documents should clearly state that intention to prevent confusion, disputes, or unintended distributions.
Updating your plan can also coordinate other assets—such as retirement accounts, life insurance, and trusts—so that your wishes are carried out without relying on Florida’s one-size-fits-all statutory rules.
If you have questions about how an afterborn child could affect your will—or if it’s time to update your estate plan—contact Bart Scovill, PLC at 941-365-2253 or Contact us to schedule a consultation. https://scovills.com/?p=2702
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