Vermont Omitted Child and Afterborn Heir Law

You signed your will three years ago and named your two children as equal beneficiaries. Then you had a third child. If you die without updating the will, does your youngest inherit anything?

In Vermont, the answer is almost certainly yes — even though the will never mentions them.

The Pretermitted Heir Statute

Under 14 V.S.A. §§ 332–333, Vermont protects children who are born or adopted after a will is executed. These children are called "pretermitted" or "afterborn" heirs.

If a child is born or legally adopted after the testator signed their will, and the will does not provide for that child, the child is entitled to receive a share of the estate as if the testator had died without a will (intestate). The exact share depends on the family structure:

• If the testator has no surviving spouse: The omitted child receives an equal share with the testator's other children
• If the testator has a surviving spouse and all children are also children of that spouse: The omitted child receives their proportional intestate share

The omitted child's share is carved out of the existing estate distribution — other beneficiaries' shares are reduced proportionally to fund it.

When the Statute Does Not Apply

The pretermitted heir rule has exceptions. An omitted child does not receive an automatic share if:

• The omission was intentional. If the will contains language showing the testator deliberately excluded the child (e.g., "I intentionally make no provision for any children born after the date of this will"), the omission stands.
• The child received a substitute provision. If the testator provided for the child outside the will — through a trust, life insurance policy, or other transfer — and the intent to make that provision a substitute for a testamentary gift is apparent, the court may find the child adequately provided for.

The burden of proving intentional omission falls on the party opposing the child's claim. Vague language is not enough — the intent must be clear from the will's text.

Why This Matters for Estate Planning

The pretermitted heir statute creates a specific planning obligation: update your will after every birth or adoption. A will that was perfectly adequate for a family of four is legally deficient for a family of five if the fifth child arrived after signing.

This also affects blended family planning. If you remarry and your new spouse has children you consider your own but have not legally adopted, those children have no pretermitted heir claim. Conversely, if you legally adopt a stepchild after signing your will, that child may qualify as a pretermitted heir and receive an intestate share that disrupts your intended distribution.

The Simple Fix

Add a clause to your will that addresses future children explicitly. Standard estate planning practice includes language such as: "This will provides for all children of mine, whether born before or after the execution of this will." This clause, combined with your specific bequests, demonstrates that any omission of a future child was intentional.

Better yet, review and update your will within a few months of every birth, adoption, or significant family change. Vermont's will execution requirements are straightforward — two disinterested witnesses and an optional self-proving affidavit under 14 V.S.A. § 108 — so updating is neither expensive nor complicated.

The Vermont Basic Estate Planning Kit includes guidance on structuring your will to account for future children and identifies the trigger events that should prompt a review.

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