In re Estate of Adams, 347 N.Y.3d 528 (2023)
In re Estate of Adams addresses a significant issue in probate law concerning the rights of after-born children—children born after a testator has executed a will. The question is whether such children are entitled to an inheritance, despite not being explicitly mentioned in the will.
Does an after-born child have a legal right to inherit under a will that was executed prior to their birth but includes no provision for such children?
Under New York's Estates, Powers and Trusts Law § 5-3.2, an after-born child, not mentioned in the testator's will, is generally entitled to a share of the estate unless the omission appears intentional or it can be shown that the testator intended to leave nothing for such a child.
The court held that the after-born child was entitled to a share of the estate equal to that of the other children based on statutory provisions that protect against unintentional disinheritance.
This case is of particular relevance to law students studying probate and estate law, as it underscores the necessity of explicitly addressing potential future children in estate planning. It guides how practitioners should advise clients to update their estate planning documents to reflect significant changes in family structure and dynamics. The decision reinforces the statutory protections afforded to after-born children and amplifies the importance of testamentary intent.