§ 301 — Shares of after-born children

If a testator becomes a parent of a child after making a last will and testament in which no provision, vested or contingent, was made for such child, specifically or as member of a class, by will or otherwise, then such child or any descendant of such child if such child predeceased its parent, shall take the same portion of its parent’s estate, both real and personal, that the child or descendant would have been entitled to if such parent had died intestate. This section shall not apply and no intestacy shall be created as to any child or children born after the date of the execution of a will in any case where the testator has provided in the last will and testament that the birth of any child or children subsequently shall not affect the will.

Legislative History

Code 1852, § 1654; Code 1915, § 3252; Code 1935, § 3716; 46 Del. Laws, c. 204, § 1 ; 12 Del. C. 1953, § 301; 70 Del Laws, c. 186,, § 1; 85 Del. Laws, c. 156, § 1