Pretermitted heir

In the law of property, a pretermitted heir is a person who would likely stand to inherit under a will, except that the testator (the person who wrote the will) did not include the person in the testator's will. Omission may occur because the testator did not know of the omitted person at the time the will was written.[1]

A will may contain a clause that explicitly disinherits any heirs unknown at the time that the will is executed, or any heirs not named in the will. While such a clause will not necessarily prevent a claim against an estate by a pretermitted heir, it may make it more difficult to succeed in such an action.[2]

  1. ^ Hirsch, Adam J. (2015). "Airbrushed Heirs: The Problem of Children Omitted from Wills". Real Property, Probate and Trust Law Journal. 50: 175. SSRN 2701515.
  2. ^ See, e.g., "Matter of Estate of Jetter, 1997 SD 125, 570 N.W.2d 26 (1997)". Google Scholar. Retrieved 6 November 2017.

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