A child born after a will has been executed by either parent or after the time in which a class gift made according to a trust arrangement expires.
The existence of an after-born child has significant legal ramifications upon gifts made under wills and trusts. Under the law of wills, the birth of an after-born child after the parent makes a will does not revoke it but has the effect of modifying its provisions. Generally, the after-born child must be given the share of the parent's estate that the child would have been entitled to if the parent had died without leaving a will, according to the law of descent and distribution. The beneficiaries of the will must contribute a proportionate share of what they inherited to make up the after-born child's share.
Under the law of trusts, a gift to a class is one in which the creator of the trust, the settlor, directs that the principal of the trust should be distributed to a specifically designated group of persons, such as to grandchildren, who are alive at a certain time, such as at the settlor's death. Any child born after this time would not be entitled to a proportionate share of the trust principal unless conceived before the settlor died. An after-born child born eleven months after the settlor's death, therefore, would not share in the principal, since the class had closed nine months after the settlor's death.
"After-Born Child." West's Encyclopedia of American Law. . Encyclopedia.com. (January 19, 2019). https://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/after-born-child
"After-Born Child." West's Encyclopedia of American Law. . Retrieved January 19, 2019 from Encyclopedia.com: https://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/after-born-child
Encyclopedia.com gives you the ability to cite reference entries and articles according to common styles from the Modern Language Association (MLA), The Chicago Manual of Style, and the American Psychological Association (APA).
Within the “Cite this article” tool, pick a style to see how all available information looks when formatted according to that style. Then, copy and paste the text into your bibliography or works cited list.
Because each style has its own formatting nuances that evolve over time and not all information is available for every reference entry or article, Encyclopedia.com cannot guarantee each citation it generates. Therefore, it’s best to use Encyclopedia.com citations as a starting point before checking the style against your school or publication’s requirements and the most-recent information available at these sites:
Modern Language Association
The Chicago Manual of Style
American Psychological Association
- Most online reference entries and articles do not have page numbers. Therefore, that information is unavailable for most Encyclopedia.com content. However, the date of retrieval is often important. Refer to each style’s convention regarding the best way to format page numbers and retrieval dates.
- In addition to the MLA, Chicago, and APA styles, your school, university, publication, or institution may have its own requirements for citations. Therefore, be sure to refer to those guidelines when editing your bibliography or works cited list.