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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 474

Effective - 01 Jan 1981, see footnote bottom

  474.240.  Share of omitted children, how determined. — 1.  If a testator fails to provide in his will for any of his children born or adopted after the execution of his will, the omitted child receives a share in the estate equal in value to that which he would have received if the testator had died intestate, unless:

  (1)  It appears from the will that the omission was intentional;

  (2)  When the will was executed the testator had one or more children and devised substantially all his estate to the other parent of the omitted child; or

  (3)  The testator provided for the child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by statements of the testator, the amount of the transfer or other evidence.

  2.  If at the time of execution of the will the testator fails to provide in his will for a living child solely because he believes the child to be dead, the child receives a share in the estate equal in value to that which he would have received if the testator had died intestate.

  3.  An illegitimate child is not a child of a male testator, for the purposes of this section, unless the testator, during his lifetime or in the will, recognized that the child was his.

  4.  In satisfying a share provided in this section, the devises made by the will abate as provided in section 473.620.

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(L. 1955 p. 385 § 260, A.L. 1980 S.B. 637)

Effective 1-01-81

(1989) Child omitted from parent's will is not entitled to inherit unless he is born or adopted after the execution of the will. Statute does not require that child be "recognized" as such by parent or that the child be legitimate. Moyer v. Walker, 771 S.W.2d 363 (Mo.App.S.D.).


---- end of effective   01 Jan 1981 ----

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