Pretermitted Heir

A pretermitted heir is an heir who has been unintentionally omitted from a decedent's will or estate plan. This legal concept serves to protect the rights of heirs who might otherwise be overlooked due to a lack of knowledge about their existence or unexpected changes in family circumstances.

The concept of the pretermitted heir originates from Roman law and has evolved through various jurisdictions. It is based on the principle that individuals who have legal claims to inheritance rights should not be deprived of their inheritance due to oversight.

In modern law, the pretermitted heir doctrine is often applied to ensure that any child or heir born after the execution of a will is entitled to a share of the estate, unless the will explicitly disinherits them. Courts may examine the intent of the testator to determine whether the omission was intentional or a result of oversight.

• A father writes a will leaving his estate to his two older children but later has a third child, who is considered a pretermitted heir.
• A testator updates their will to include specific gifts, neglecting to mention a child born after the will was made, potentially leading to a challenge asserting that the omitted child is a pretermitted heir.

• In re Estate of Hays, 348 N.E.2d 846 (Ill. App. Ct. 1976) - This case highlighted the recognition of pretermitted heirs in Illinois law.