Child Born after Will (Michigan)

By Matthew A. Quick If a Will has been executed and a child is born thereafter, and it does not appear that the child was omitted from the Will intentionally or compensated by a substitute gift outside of the Will, the omitted child receives a share in the estate as follows: (a) If the testator had no child living when he or she executed the Will, the child receives a share in the estate equal in value to that which the child would have received had the person who executed the original Will (known as the “Testator” if male or “Testatrix” if female) died without a Will, unless the Will devised all or substantially all of the estate to the other parent of the child and that other parent survives the Testator or Testatrix and is entitled to take under the Will. (b) If the Testator or Testatrix had one (1) or more children living when the Will was executed, and the Will devised property or an interest in property to one (1) or more of the children, the child is entitled to share in the estate subject to all of the following: (i) The portion of the estate in which the child is entitled to share is limited to devises made to the children under the Will; (ii) The child is entitled to receive the share of the estate that the child would have received had the Testator or Testatrix included all children with the children to whom devises were made under the Will and had given an equal share of the estate to each child; (iii) To the extent feasible, the interest granted a child must be of the same character as that devised to the children under the Will; (iv) In satisfying a share to the child, gifts to the children abate proportionally. MCL 700.2302.