Estates, Powers And Trusts Law § 5-3.2. Revocatory effect of birth of child after execution of will, NY CLS EPTL § 5-3.2

Summary

(a) Whenever a testator has a child born after the execution of a last will, and dies leaving the after-born child unprovided for by any settlement, and neither provided for nor in any way mentioned in the will, every such child shall succeed to a portion of the testator’s estate as herein provided:

(1) If the testator has one or more children living when he executes his last will, and:

(A) No provision is made therein for any such child, an after-born child is not entitled to share in the testator’s estate.

(B) Provision is made therein for one or more of such children, an after-born child is entitled to share in the testator’s estate, as follows:

(i) The portion of the testator’s estate in which the after-born child may share is limited to the disposition made to children under the will.

(ii) The after-born child shall receive such share of the testator’s estate, as limited in subclause (i), as he would have received had the testator included all after-born children with the children upon whom ...