2011 Code of Virginia
Title 64.1 WILLS AND DECEDENTS' ESTATES.
Chapter 3 Wills (64.1-45 thru 64.1-96.11)
64.1-71 Provision for pretermitted children when child living when will made

64.1-71. Provision for pretermitted children when child living when will made.

If a will be made when a testator has a child living, and that child is provided for in the will, and a child be born or adopted afterwards, such afterborn or after-adopted child, if not provided for by any settlement and neither provided for nor expressly excluded by the will, but only pretermitted, shall succeed to the lesser of (a) such portion of the testator's estate as he would have been entitled to if the testator had died intestate or (b) the equivalent in amount to any bequests and devises to any child named in the will, and if there be bequests or devises to more than one child, then to the larger or largest of such total bequests and devises, towards raising which portion the devisees and legatees shall, out of what is devised and bequeathed to them, contribute either in kind or in money, as a court of equity may deem proper. But if such afterborn or after-adopted child die under the age of eighteen years, unmarried and without issue, his portion of the estate, or so much thereof as may remain unexpended shall revert to the person to whom it was given by the will.

(Code 1950, 64-70; 1960, c. 527; 1968, c. 656; 1972, c. 825; 1978, c. 647.)