2017 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
CHAPTER 3. AFTER-BORN CHILDREN; MARRIAGE AFTER WILL
Subchapter I After-Born Children
§ 301. Shares of after-born children.
A child born after its parent has made a last will and testament and for which such parent made no provision, vested or contingent, specifically or as member of a class, by will or otherwise, shall take the same portion of its parent's estate, both real and personal, that the child would have been entitled to if such parent had died intestate. This section shall not apply and no intestacy shall be created as to any child or children born after the date of the execution of a will in any case where the testator has provided in the last will and testament that the birth of any child or children subsequently shall not affect the will.
Code 1852, § 1654; Code 1915, § 3252; Code 1935, § 3716; 46 Del. Laws, c. 204, § 1; 12 Del. C. 1953, § 301; 70 Del Laws, c. 186, § 1.;
