Title 53, Chapter 4, Section 58
( 53-4-58)
If at the time of execution of the will the testator fails to
provide in the will for a living child of the testator solely
because the testator believes the child to be dead, the child is
entitled to receive a share in the estate as follows: (1) If the testator had no other child living at the time the will
was executed, an omitted child receives a share equal in value to
that which the child would have received had the testator died
intestate but only to the extent that any provision in the will to
or for the benefit of the surviving parent of the omitted child is
not thereby reduced; or (2) If the will contains testamentary gifts to one or more other
children of the testator, an omitted child is entitled to receive
the share of the estate that the child would have received had the
testator included all omitted children with the children to whom
testamentary gifts were made under the will and had given an equal
share to each child. To the extent feasible, the interest granted
an omitted child must be of the same character, whether legal or
equitable, present or future, as that left to the testator's other
children under the will. In satisfying the share for the omitted
child, the shares of the other children shall abate ratably,
preserving to the maximum extent possible the testamentary plan
adopted by the testator. |