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§ 3-301. Subsequent birth, adoption, or legitimation of child by testator

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2019

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 3. Intestate Succession and Statutory Shares (Refs & Annos)
Subtitle 3. Statutory Share of Pretermitted Child and Issue (Refs & Annos)
Effective: October 1, 2019
MD Code, Estates and Trusts, § 3-301
§ 3-301. Subsequent birth, adoption, or legitimation of child by testator
Currentness
In general
(a) A will may not be revoked by the subsequent birth, adoption, or legitimation of a child by the testator except under the circumstances referred to in § 4-105(3) of this article.
Children entitled to share in estate
(b) A child described in subsection (a) of this section or issue, if any, of such child who does not survive the testator, is entitled to a share in the estate to be determined and paid in accordance with §§ 3-302 and 3-303 of this subtitle, if:
(1) The will contains a legacy for a child of the testator but makes no provision for a person who becomes a child of the testator subsequent to the execution of the will;
(2) The child was born, adopted, or legitimated after the execution of the will;
(3) The child, or the child's issue, survive the testator; and
(4) The will does not expressly state that the child, or the child's issue, should be omitted.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1993, c. 5, § 1; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
Formerly Art. 93, § 3-301.
MD Code, Estates and Trusts, § 3-301, MD EST & TRST § 3-301
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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