Pretermitted Heir

A pretermitted heir is an individual who is unintentionally excluded from a will or estate plan despite being a legitimate heir, usually a child of the deceased. This situation often arises when a testator (the person making the will) has a child after the will has been created and fails to update the will to include this new child, or when a child is inadvertently overlooked during the estate planning process.

In many jurisdictions, including Texas, laws exist to protect pretermitted heirs. If a testator fails to mention a child in their will, the pretermitted heir may still have a right to a share of the estate as if the testator had not created a will at all. This is particularly significant in states that presume that a testator would want to provide for all children, regardless of whether they are explicitly named in the will.

For example, if a person wrote a will leaving their estate to their two children and later had a third child without updating the will, the third child could be considered a pretermitted heir. Under Texas law, this child may be entitled to an inheritance equal to what they would have received had they been included in the original will.

Understanding the implications of pretermitted heirs is crucial in estate planning, as it emphasizes the importance of regularly updating wills and ensuring that all intended heirs are properly accounted for to avoid potential legal disputes after the testator’s death.