GENERAL ASSEMBLY OF NORTH CAROLINA

1995 SESSION

 

 

CHAPTER 161

SENATE BILL 707

 

AN ACT TO AMEND THE LAW RELATING TO THE SHARE OF AFTER-BORN OR AFTER-ADOPTED CHILDREN, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 31-5.5(a) reads as rewritten:

"(a)      A will shall not be revoked by the subsequent birth of a child to the testator, or by the subsequent adoption of a child by the testator, or by the subsequent entitlement of an after-born illegitimate child to take as an heir of the testator pursuant to the  provisions of G.S. 29-19(b), but any after-born, after-adopted or entitled after-born illegitimate child shall have the right to share in the testator's estate to the same extent he would have shared if the testator had died intestate unless:

(1)       The testator made some provision in the will for the child, whether adequate or not, or not;

(2)       It is apparent from the will itself that the testator intentionally did not make specific provision therein for the child. child;

(3)       The testator had children living when the will was executed, and none of the testator's children actually take under the will;

(4)       The surviving spouse receives all of the estate under the will;

(5)       The testator made provision for the child that takes effect upon the death of the testator, whether adequate or not."

Sec. 2.  This act becomes effective October 1, 1995, and applies to estates of decedents dying on or after that date.

In the General Assembly read three times and ratified this the 5th day of June, 1995.

 

 

───────────────────

Dennis A. Wicker

President of the Senate

 

 

───────────────────

Harold J. Brubaker

Speaker of the House of Representatives