{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/64.2-419.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/64.2-419.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/64.2-419.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/64.2-419.html"}],"law_id":376227,"edition_id":2,"section_id":376227,"structure_id":53504,"section_number":"64.2-419","catch_line":"Provision for omitted children when no child living when will made","history":"Code 1950, \u00a7 64-69; 1968, c. 656, \u00a7 64.1-70; 1972, c. 825; 2012, c. 614.","full_text":"A\n\nIf a testator executes a will when the testator has no children, a child born or adopted after the execution of the testator’s will, or any descendant of his, who is neither provided for nor mentioned in the will is entitled to such portion of the testator’s estate as he would have been entitled to if the testator had died intestate.\n\nB\n\nThe devisees and legatees shall contribute ratably to the portion of the testator’s estate to which the afterborn or after-adopted child is entitled, either in kind or in money, out of what is devised and bequeathed to them, as the court deems proper. However, if such afterborn or after-adopted child, or any descendant of his, dies unmarried, without issue, and before reaching 18 years of age, his portion of the estate, or so much of his portion as may remain unexpended, shall revert to the person to whom it was given by the will.\n\n","order_by":null,"text":{"0":{"id":1404720,"text":"If a testator executes a will when the testator has no children, a child born or adopted after the execution of the testator’s will, or any descendant of his, who is neither provided for nor mentioned in the will is entitled to such portion of the testator’s estate as he would have been entitled to if the testator had died intestate.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1404721,"text":"The devisees and legatees shall contribute ratably to the portion of the testator’s estate to which the afterborn or after-adopted child is entitled, either in kind or in money, out of what is devised and bequeathed to them, as the court deems proper. However, if such afterborn or after-adopted child, or any descendant of his, dies unmarried, without issue, and before reaching 18 years of age, his portion of the estate, or so much of his portion as may remain unexpended, shall revert to the person to whom it was given by the will.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":53504,"edition_id":2,"name":"Construction and Effect","identifier":"3","label":"article","depth":4,"order_by":3,"parent_id":53501,"metadata":{"child_laws":19,"child_structures":0},"date_created":"2026-08-02 03:17:23","date_modified":"2026-08-02 12:37:07","permalink":{"id":1500189,"object_type":"structure","relational_id":53504,"identifier":"3","token":"64.2\/II\/4\/3","url":"\/64.2\/II\/4\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53501,"edition_id":2,"name":"Wills","identifier":"4","label":"chapter","depth":3,"order_by":3,"parent_id":53471,"metadata":{"child_laws":61,"child_structures":6},"date_created":"2026-08-02 03:17:21","date_modified":"2026-08-02 12:37:07","permalink":{"id":1500123,"object_type":"structure","relational_id":53501,"identifier":"4","token":"64.2\/II\/4","url":"\/64.2\/II\/4\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53471,"edition_id":2,"name":"Wills and Decedents' Estates","identifier":"II","label":"subtitle","depth":2,"order_by":2,"parent_id":53424,"metadata":{"child_laws":210,"child_structures":29},"date_created":"2026-08-02 03:16:56","date_modified":"2026-08-02 12:37:06","permalink":{"id":1499913,"object_type":"structure","relational_id":53471,"identifier":"II","token":"64.2\/II","url":"\/64.2\/II\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53424,"edition_id":2,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":136,"parent_id":null,"metadata":{"child_laws":776,"child_structures":114},"date_created":"2026-08-02 03:16:27","date_modified":"2026-08-02 12:37:05","permalink":{"id":1499783,"object_type":"structure","relational_id":53424,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":376222,"structure_id":53504,"section_number":"64.2-414","catch_line":"When wills deemed to speak","url":"\/64.2-414\/","token":"64.2\/II\/4\/3\/64.2-414","metadata":false},{"id":376223,"structure_id":53504,"section_number":"64.2-415","catch_line":"How certain trust provisions, bequests, and devises to be construed; nonademption in certain cases","url":"\/64.2-415\/","token":"64.2\/II\/4\/3\/64.2-415","metadata":false},{"id":376224,"structure_id":53504,"section_number":"64.2-416","catch_line":"Devises, bequests, and distributions that fail; how to pass","url":"\/64.2-416\/","token":"64.2\/II\/4\/3\/64.2-416","metadata":false},{"id":376225,"structure_id":53504,"section_number":"64.2-417","catch_line":"When advancement deemed satisfaction of devise or bequest","url":"\/64.2-417\/","token":"64.2\/II\/4\/3\/64.2-417","metadata":false},{"id":376226,"structure_id":53504,"section_number":"64.2-418","catch_line":"When children or descendants of beneficiary to take estate or trust","url":"\/64.2-418\/","token":"64.2\/II\/4\/3\/64.2-418","metadata":false},{"id":376227,"structure_id":53504,"section_number":"64.2-419","catch_line":"Provision for omitted children when no child living when will made","url":"\/64.2-419\/","token":"64.2\/II\/4\/3\/64.2-419","metadata":false},{"id":376228,"structure_id":53504,"section_number":"64.2-420","catch_line":"Provision for omitted children when child living when will made","url":"\/64.2-420\/","token":"64.2\/II\/4\/3\/64.2-420","metadata":false},{"id":376229,"structure_id":53504,"section_number":"64.2-421","catch_line":"Construction of certain conditions of spouse's survivorship","url":"\/64.2-421\/","token":"64.2\/II\/4\/3\/64.2-421","metadata":false},{"id":376230,"structure_id":53504,"section_number":"64.2-422","catch_line":"When omitted spouse to take intestate portion","url":"\/64.2-422\/","token":"64.2\/II\/4\/3\/64.2-422","metadata":false},{"id":376231,"structure_id":53504,"section_number":"64.2-423","catch_line":"Repealed","url":"\/64.2-423\/","token":"64.2\/II\/4\/3\/64.2-423","metadata":false},{"id":376232,"structure_id":53504,"section_number":"64.2-424","catch_line":"When direction to purchase annuity binding on legatee","url":"\/64.2-424\/","token":"64.2\/II\/4\/3\/64.2-424","metadata":false},{"id":376233,"structure_id":53504,"section_number":"64.2-425","catch_line":"Interest on pecuniary legacies","url":"\/64.2-425\/","token":"64.2\/II\/4\/3\/64.2-425","metadata":false},{"id":376234,"structure_id":53504,"section_number":"64.2-426","catch_line":"Testamentary additions to trusts by testator dying on or after July 1, 1994, and before July 1, 1999","url":"\/64.2-426\/","token":"64.2\/II\/4\/3\/64.2-426","metadata":false},{"id":376235,"structure_id":53504,"section_number":"64.2-427","catch_line":"Testamentary additions to trusts by testator dying after June 30, 1999","url":"\/64.2-427\/","token":"64.2\/II\/4\/3\/64.2-427","metadata":false},{"id":376236,"structure_id":53504,"section_number":"64.2-428","catch_line":"Distribution of assets by fiduciaries in satisfaction of pecuniary bequests or transfers in trust of pecuniary amount","url":"\/64.2-428\/","token":"64.2\/II\/4\/3\/64.2-428","metadata":false},{"id":376237,"structure_id":53504,"section_number":"64.2-429","catch_line":"Construction of trust provisions otherwise eligible for the election permitted under \u00a7 2056(b)(7) of the Internal Revenue Code","url":"\/64.2-429\/","token":"64.2\/II\/4\/3\/64.2-429","metadata":false},{"id":376238,"structure_id":53504,"section_number":"64.2-430","catch_line":"Certain marital deduction formula clauses to be construed to refer to federal marital deduction allowable if decedent had died on December 31, 1981","url":"\/64.2-430\/","token":"64.2\/II\/4\/3\/64.2-430","metadata":false},{"id":376239,"structure_id":53504,"section_number":"64.2-431","catch_line":"Certain powers of appointment construed to refer to federal gift tax exclusion in effect on date of execution","url":"\/64.2-431\/","token":"64.2\/II\/4\/3\/64.2-431","metadata":false},{"id":376240,"structure_id":53504,"section_number":"64.2-432","catch_line":"Certain formula clauses to be construed to refer to federal estate and generation-skipping transfer tax laws applicable to estates of decedents dying after December 31, 2009, and before January 1, 2011","url":"\/64.2-432\/","token":"64.2\/II\/4\/3\/64.2-432","metadata":false}],"previous_section":{"id":376226,"structure_id":53504,"section_number":"64.2-418","catch_line":"When children or descendants of beneficiary to take estate or trust","url":"\/64.2-418\/","token":"64.2\/II\/4\/3\/64.2-418","metadata":false},"next_section":{"id":376228,"structure_id":53504,"section_number":"64.2-420","catch_line":"Provision for omitted children when child living when will made","url":"\/64.2-420\/","token":"64.2\/II\/4\/3\/64.2-420","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-419\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1968, chapter 656; in 1972, chapter 825; in 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1500211,"object_type":"law","relational_id":376227,"identifier":"64.2-419","token":"64.2\/II\/4\/3\/64.2-419","url":"\/64.2-419\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/64.2-419\/","token":"64.2\/II\/4\/3\/64.2-419","dublin_core":{"Title":"Provision for omitted children when no child living when will made","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-419","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If a testator executes a will<\/span> when the testator has no children, a child born or adopted after the execution of the testator’s will<\/span>, or any descendant of his, who is neither provided for nor mentioned in the will<\/span> is entitled to such portion of the testator’s estate as he would have been entitled to if the testator had died intestate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The devisees and legatees shall contribute ratably to the portion of the testator’s estate to which the afterborn or after-adopted child is entitled, either in kind or in money, out of what is devised and bequeathed to them, as the court<\/span> deems proper. However, if such afterborn or after-adopted child, or any descendant of his, dies unmarried, without issue<\/span>, and before reaching 18 years of age, his portion of the estate, or so much of his portion as may remain unexpended, shall revert to the person to whom it was given by the will<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROVISION FOR OMITTED CHILDREN WHEN NO CHILD LIVING WHEN WILL MADE (\u00a7 64.2-419)\n\nA. If a testator executes a will when the testator has no children, a child born\nor adopted after the execution of the testator’s will, or any descendant\nof his, who is neither provided for nor mentioned in the will is entitled to\nsuch portion of the testator’s estate as he would have been entitled to if\nthe testator had died intestate.\n\nB. The devisees and legatees shall contribute ratably to the portion of the\ntestator’s estate to which the afterborn or after-adopted child is\nentitled, either in kind or in money, out of what is devised and bequeathed to\nthem, as the court deems proper. However, if such afterborn or after-adopted\nchild, or any descendant of his, dies unmarried, without issue, and before\nreaching 18 years of age, his portion of the estate, or so much of his portion\nas may remain unexpended, shall revert to the person to whom it was given by the\nwill.\n\nHISTORY: Code 1950, \u00a7 64-69; 1968, c. 656, \u00a7 64.1-70; 1972, c. 825; 2012, c.\n614.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}