The Omitted Heir: Legal Rights of Children Born After a Will Is Signed

When someone writes a will, they usually expect it to reflect their wishes for years to come. But life changes, and one of the biggest changes is the birth of a child.

In Georgia, if a child is born after a will is signed and not mentioned in that will, the law steps in. These children, called pretermitted heirs, often have the right to inherit even if the will leaves them out. This blog explains how Georgia law protects them and what families should know.

How Georgia Law Protects After-Born Children

Georgia Code § 53-4-48 says that if a child is born after a will is executed and the will doesn’t provide for them, the law assumes the omission wasn’t intentional. Unless the will clearly shows the testator meant to leave the child out, the child is entitled to the share they would have received if there had been no will at all. That’s called an intestate share.

This protection also applies to children adopted after a will is signed. The law doesn’t apply if the child is already provided for through another method, like a trust or life insurance policy.

When the Parent Thought the Child Had Died

Sometimes, a parent leaves a child out because they believe the child has passed away. Under Georgia Code § 53-4-58, if that child is alive, they can still inherit. If there are no other children in the will, the omitted child gets an intestate share, unless that would reduce a gift to their surviving parent. If there are other children provided for, the omitted child shares equally with them.

How Courts Approach These Claims

In Hobbs v. Winfield (2017), the Georgia Supreme Court confirmed that courts lean toward protecting after-born children unless the will clearly shows otherwise. Judges look for specific language showing the omission was intentional. Without that, the law favors inclusion.

Taking Action if You’re an Omitted Heir

If you were born or adopted after a parent signed their will and were left out, you may still have rights under Georgia law. These cases require a careful review of the will and other estate documents.

At Williams Litigation Group, we help clients understand and assert their rights as pretermitted heirs. If you think you’ve been wrongfully left out of a loved one’s will, call us at 866-214-7036 to discuss your options.