2005 North Carolina Code - General Statutes § 31-5.5. After-born or after-adopted child; illegitimate child; effect on will.

§ 31‑5.5.  After‑born or after‑adopted child; illegitimate child; effect on will.

(a)       A will shall not be revoked by the subsequent birth of a child to the testator, or by the subsequent adoption of a child by the testator, or by the subsequent entitlement of an after‑born illegitimate child to take as an heir of the testator pursuant to the provisions of G.S. 29‑19(b), but any after‑born, after‑adopted or entitled after‑born illegitimate child shall have the right to share in the testator's estate to the same extent he would have shared if the testator had died intestate unless:

(1)       The testator made some provision in the will for the child, whether adequate or not;

(2)       It is apparent from the will itself that the testator intentionally did not make specific provision therein for the child;

(3)       The testator had children living when the will was executed, and none of the testator's children actually take under the will;

(4)       The surviving spouse receives all of the estate under the will; or

(5)       The testator made provision for the child that takes effect upon the death of the testator, whether adequate or not.

(b)       The provisions of G.S. 28A‑22‑2 shall be construed as being applicable to after‑adopted children and to after‑born children, whether legitimate or entitled illegitimate.

(c)       The terms "after‑born," "after‑adopted" and "entitled after‑born" as used in this section refer to children born, adopted or entitled subsequent to the execution of the will. (1868‑9, c. 113, s. 62; Code, s. 2145; Rev., s. 3145; C.S., s. 4169; 1953, c. 1098, s. 7; 1955, c. 541; 1973, c. 1062, s. 2; 1985, c. 689, s. 9; 1995, c. 161, s. 1; 1997‑456, s. 55.8.)