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ohwilleke
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Yes. Typically, a will is drafted so that it applies not only to any current children but also to afterborn children. In a statement of family, in a Will, I would often say that:

"children" as used in this Will including the following persons and any other person subsequently born to me or legally adopted by me.

Then I would draft the guardianship and dispositive provisions using the term "children" without specifying a name.

If children are born, but there might be a paternity issue, it isn't uncommon to state that "my children at the time this Will is executed are . . . . and I intentionally exclude from benefit hereunder or for any fiduciary position with respect to me, any other person claiming to be a child or other descendant of mine as of the time that this Will is executed, but do not intend to exclude subsequent children or children later adopted by me."

Yes. Typically, a will is drafted so that it applies not only to any current children but also to afterborn children. In a statement of family, in a Will that:

"children" as used in this Will including the following persons and any other person subsequently born to me or legally adopted by me.

Then I would draft the guardianship and dispositive provisions using the term "children" without specifying a name.

If children are born, but there might be a paternity issue, it isn't uncommon to state that "my children are . . . . and I intentionally exclude from benefit hereunder or for any fiduciary position with respect to me, any other person claiming to be a child or other descendant of mine."

Yes. Typically, a will is drafted so that it applies not only to any current children but also to afterborn children. In a statement of family, in a Will, I would often say that:

"children" as used in this Will including the following persons and any other person subsequently born to me or legally adopted by me.

Then I would draft the guardianship and dispositive provisions using the term "children" without specifying a name.

If children are born, but there might be a paternity issue, it isn't uncommon to state that "my children at the time this Will is executed are . . . . and I intentionally exclude from benefit hereunder or for any fiduciary position with respect to me, any other person claiming to be a child or other descendant of mine as of the time that this Will is executed, but do not intend to exclude subsequent children or children later adopted by me."

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ohwilleke
  • 239.6k
  • 15
  • 465
  • 825

Yes. Typically, a will is drafted so that it applies not only to any current children but also to afterborn children. In a statement of family, in a Will that:

"children" as used in this Will including the following persons and any other person subsequently born to me or legally adopted by me.

Then I would draft the guardianship and dispositive provisions using the term "children" without specifying a name.

If children are born, but there might be a paternity issue, it isn't uncommon to state that "my children are . . . . and I intentionally exclude from benefit hereunder or for any fiduciary position with respect to me, any other person claiming to be a child or other descendant of mine."