§ 33-6-23. Pretermitted issue.
When a testator omits to provide in his or her will for any child of his or hers born after the execution of his or her will, either during his or her lifetime or after his or her death, or for any issue of a deceased child of his or hers dying after the execution of his or her will, or for any issue born after the execution of his or her will of a deceased child of his or hers dying before the will’s execution, that child or issue shall take the same share of the testator’s estate as that child or issue would have been entitled to if the testator had died intestate, unless it appears that the omission was intentional and not occasioned by accident or mistake. The term “will”, as used in this section, shall be deemed to include the testator’s will and all codicils thereto effective at the testator’s death; and the term “the execution of his or her will” shall be deemed, in a case in which there is a codicil or codicils, to refer to the execution of the latest codicil effective at the testator’s death.
History of Section.G.L. 1896, ch. 203, §§ 22, 23; G.L. 1909, ch. 254, §§ 22, 23; G.L. 1923, ch. 298, §§ 22, 23; P.L. 1931, ch. 1754, § 2; G.L. 1938, ch. 566, § 22; G.L. 1956, § 33-6-23.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-6 - Proof and Construction of Wills
Section 33-6-1. - Gifts to attesting witnesses.
Section 33-6-2. - Creditor attesting.
Section 33-6-3. - Death of attesting beneficiary in lifetime of testator.
Section 33-6-4. - Executor or trustee as witness.
Section 33-6-5. - Construction as to real estate within state.
Section 33-6-6. - Time from which will speaks.
Section 33-6-7. - Devise without words of limitation.
Section 33-6-8. - Devise to executor or trustee.
Section 33-6-9. - Gift for life with remainder to issue.
Section 33-6-10. - Limitation on fee tail.
Section 33-6-11. - Death of devisee in tail in lifetime of testator.
Section 33-6-12. - Commencement of income estate.
Section 33-6-13. - Apportionment on termination of income estate.
Section 33-6-14. - Suit for recovery of income from executor.
Section 33-6-15. - Interest on general pecuniary legacies.
Section 33-6-16. - Life estate or term for years in property consumed by use.
Section 33-6-17. - General devises and bequests.
Section 33-6-18. - Devise of lands of which testator is not seised.
Section 33-6-19. - Substitution of issue for beneficiary predeceasing testator.
Section 33-6-20. - Devisee or legatee predeceased without issue.
Section 33-6-21, 33-6-22. - Repealed.
Section 33-6-23. - Pretermitted issue.
Section 33-6-24. - Apportionment of share taken by pretermitted child.
Section 33-6-26. - Intent of testator as to apportionment of debts.
Section 33-6-27. - Contribution by pretermitted issue to payment of debts.
Section 33-6-28. - Death or insolvency of beneficiary liable to contribution for debts.
Section 33-6-30. - Partial intestacy.
Section 33-6-31. - Passage of title by will — Recording.