RCW 11.12.091
Omitted child.
(1) If a will fails to name or provide for a child of the decedent who is born or adopted by the decedent after the will's execution and who survives the decedent, referred to in this section as an "omitted child," the child must receive a portion of the decedent's estate as provided in subsection (3) of this section, unless it appears either from the will or from other clear and convincing evidence that the failure was intentional.
(2) In determining whether an omitted child has been named or provided for, the following rules apply:
(a) A child identified in a will by name is considered named whether identified as a child or in any other manner.
(b) A reference in a will to a class described as the children, descendants, or issue of the decedent who are born after the execution of the will, or words of similar import, constitutes a naming of a person who falls within the class. A reference to another class, such as a decedent's heirs or family, does not constitute such a naming.
(c) A nominal interest in an estate does not constitute a provision for a child receiving the interest.
(3) The omitted child must receive an amount equal in value to that which the child would have received under RCW 11.04.015 if the decedent had died intestate, unless the court determines on the basis of clear and convincing evidence that a smaller share, including no share at all, is more in keeping with the decedent's intent. In making the determination, the court may consider, among other things, the various elements of the decedent's dispositive scheme, provisions for the omitted child outside the decedent's will, provisions for the decedent's other children under the will and otherwise, and provisions for the omitted child's other parent under the will and otherwise.
(4) In satisfying a share provided by this section, the bequests made by the will abate as provided in chapter 11.10 RCW.
[ 1994 c 221 § 9.]
NOTES:
Effective dates—1994 c 221: See note following RCW 11.100.035.
Structure Revised Code of Washington
Title 11 - Probate and Trust Law
11.12.010 - Who may make a will.
11.12.020 - Requisites of wills—Foreign wills—Electronic presence.
11.12.025 - Nuncupative wills.
11.12.030 - Signature of testator at his or her direction—Signature by mark.
11.12.040 - Revocation of will—How effected—Effect on codicils.
11.12.051 - Dissolution, invalidation, or termination of marriage or domestic partnership.
11.12.060 - Agreement to convey does not revoke.
11.12.070 - Devise or bequeathal of property subject to encumbrance.
11.12.080 - Revocation of later will or codicil—Effect—Evidence.
11.12.095 - Omitted spouse or omitted domestic partner.
11.12.110 - Death of grandparent's issue before grantor.
11.12.120 - Lapsed gift—Procedure and proof.
11.12.160 - Interested witness—Effect on will.
11.12.170 - Devise of land, what passes.
11.12.180 - Rule in Shelley's Case abolished—Future distribution or interest to heirs.
11.12.185 - Doctrine of Worthier Title abolished—Exception.
11.12.190 - Will to operate on after-acquired property.
11.12.220 - No interest on devise unless will so provides.
11.12.230 - Intent of testator controlling.
11.12.255 - Incorporation by reference.
11.12.260 - Separate writing may direct disposition of tangible personal property—Requirements.
11.12.265 - Filing of original will with court before death of testator.
11.12.400 - Electronic wills—Short title.
11.12.410 - Electronic wills—Definition.
11.12.420 - Electronic wills—Applicable law.
11.12.430 - Electronic wills—Execution—Choice of law.
11.12.440 - Electronic wills—Execution—Procedure.
11.12.450 - Electronic wills—Self-proving.
11.12.460 - Electronic wills—Qualified custodians—Eligibility.
11.12.470 - Electronic wills—Qualified custodians—Duties.
11.12.480 - Electronic wills—Certified paper copies.
11.12.490 - Electronic wills—Uniformity of application and construction.