64.1-71 - Provision for pretermitted children when child living when will made.
§ 64.1-71. Provision for pretermitted children when child living when willmade.
If a will be made when a testator has a child living, and that child isprovided for in the will, and a child be born or adopted afterwards, suchafterborn or after-adopted child, if not provided for by any settlement andneither provided for nor expressly excluded by the will, but onlypretermitted, shall succeed to the lesser of (a) such portion of thetestator's estate as he would have been entitled to if the testator had diedintestate or (b) the equivalent in amount to any bequests and devises to anychild named in the will, and if there be bequests or devises to more than onechild, then to the larger or largest of such total bequests and devises,towards raising which portion the devisees and legatees shall, out of what isdevised and bequeathed to them, contribute either in kind or in money, as acourt of equity may deem proper. But if such afterborn or after-adopted childdie under the age of eighteen years, unmarried and without issue, his portionof the estate, or so much thereof as may remain unexpended shall revert tothe 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.)