Pretermitted Heir

Definition - What does Pretermitted Heir mean?

A pretermitted heir generally refers to a child of the testator who is not provided for in the testator's will because the child was born or adopted after the execution of the will. A pretermitted heir can also be a spouse who was not married to the testator when the will was executed.

Justipedia explains Pretermitted Heir

Depending on the jurisdiction, a pretermitted heir can inherit their share of the estate as if the testator had died intestate (without a will). In some jurisdictions, a pretermitted child may inherit a similar share as the children who were provided for in the will. A pretermitted heir does not inherit in either of these ways, though, if the pretermitted heir is provided for through other means (i.e. a trust). A testator has the option of including a clause in their will which specifically disinherits anyone not mentioned in the will.

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