What Is the New Jersey Law Regarding Children Left Out of Wills?

Children are not included in wills for a variety of reasons.

It is not uncommon for children not to be named in wills. Omitted children are often the result of a will's being executed prior to the building of a family. The laws of New Jersey specify the shares of property to which omitted children may be entitled.

Pretermitted Children

Pretermitted children are children born after the creation of a will and not included in the document. According to New Jersey law, pretermitted children are entitled to a portion of the parent's estate as if they were included in the will. This portion of the estate must be equal to the portion received by children who were named in the will. If no other children are named in the will, the child's portion of the estate will be the same he would receive had there not been a will.

Preference to Testator's Intent

New Jersey law gives preference to the intent of the testator based upon the words of the will or trust document. If the will states that the child was omitted intentionally or if the omission can be inferred to be intentional, the court may find that the child should receive nothing.

Determining Shares

The child named in the will receives the share named in the will. If no children are named in the will, the shares are determined by the relevant statutes of the state. The shares are determined based upon whether or not the deceased had a spouse and how man siblings the child has.

Warning

This is neither legal advice nor legal representation. Seek the assistance of a licensed attorney in your state for legal advice.

References

• New Jersey Statute 3B:5-16
• New Jersey Statute 3B:5-4
• New Jersey Statute 3B:5-6