Under the omitted child statute, an after-born child will receive a share if the testator had no living children at the time of execution. Which statement describes this rule?

• A. The entire estate passes to the after-born child
• B. The portion that would have passed to the child had the testator died intestate
• C. The after-born child receives nothing
• D. Only a fixed percentage is provided to after-born children

Answer: (B)

The after-born child gets whatever share that child would have received if the testator had died intestate. This means the omitted child’s portion is determined by intestacy rules, not by the will, and only applies when there were no living children at the time the will was executed. It’s not the entire estate, not a fixed percentage, and not nothing—the share is what would have passed under intestate succession.