What is a pretermitted spouse and child?
Sections 732.301 and 732.302 describes what a pretermitted spouse and child are. A pretermitted spouse is a spouse who came into the family after the creation of a Will. For instance, if Bob made his Will and then married Jane. Since Bob was not married at the time to Jane, he most likely would not have included her in the Will.
A pretermitted spouse is entitled to what he/she would have received had the spouse passed away without a will unless:
(1) Provision has been made for, or waived by, the spouse by prenuptial or postnuptial agreement;
(2) The spouse is provided for in the will; or
(3) The will discloses an intention not to make provision for the spouse.
A pretermitted child, just like a pretermitted spouse, is one who came into the family after the creation of the Will. Just like the pretermitted spouse, a pretermitted child is entitled to receive a share equal to what he/she would have received had the parent passed away without a will unless:
(1) It appears from the will that the omission was intentional;
(2) The testator had one or more children when the will was executed and devised substantially all the estate to the other parent of the pretermitted child and that other parent survived the testator and is entitled to take under the will; or
(3) The child had received an advancement of their inheritance during the parent’s life equal to what they would have received at the parent’s death.
To learn more about your rights as a pretermitted spouse or child, contact our estate planning attorney at Wood, Atter & Wolf, P.A. in Jacksonville and Ponte Vedra Beach, Florida.
