pretermitted heir :: legal definition
Pretermitted heir - n. the child of a person who has written a will in which the child is not left anything and is not mentioned at all. After the death of the parent, a pretermitted heir has the right to demand the share he/she would have received as an heir under the laws of distribution and descent. The reasoning is that the parent either inadvertently forgot the child or incorrectly believed the child was dead, and did not mean to leave him/her out. Thus, if someone wishes to disinherit a child or omit him/her from his/her will, that parent should specifically state in the will: "I leave nothing to my son, Gordon," with or without a reason. Otherwise there may be unfair and unintended results. Example: Tommy Testator has three children, gives two of them $10,000 each, and the remainder (which turns out to be a million dollars) to set up a scholarship fund for orphans. His omitted child, who has not spoken to him for 20 years, is a pretermitted heir entitled to one-third of the estate, and will receive $340,000 compared to his siblings' specified $10,000 each.
See also: heir and Related Law Terms ↓
Related Law Terms
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change of circumstances :: n. the principal reason for a court modifying (ame ... ild support divorce spousal support
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
child support :: n. court-ordered funds to be paid by one parent to ... ild custody divorce spousal support
disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will
emancipation :: n. freeing a minor child from the control of paren ... vorced parent to pay child support.
foster child :: n. a child without parental support and protection ... local government or a state agency.
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will
joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well.
parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person.
undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).
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