{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/64.2-420.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/64.2-420.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/64.2-420.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/64.2-420.html"}],"law_id":376228,"edition_id":2,"section_id":376228,"structure_id":53504,"section_number":"64.2-420","catch_line":"Provision for omitted children when child living when will made","history":"Code 1950, \u00a7 64-70; 1960, c. 527; 1968, c. 656, \u00a7 64.1-71; 1972, c. 825; 1978, c. 647; 2012, c. 614.","full_text":"A\n\nIf a testator executes a will that makes provision for a living child of the testator, a child born or adopted after execution of a testator’s will who is neither provided for nor expressly excluded by the will is entitled to the lesser of (i) such portion of the testator’s estate as the afterborn or after-adopted child would have been entitled to if the testator had died intestate or (ii) the equivalent in amount to any bequests and devises to any child named in the will, and if there are bequests or devises to more than one child, then to the largest aggregate bequest or devise to any child.\n\nB\n\nThe devisees and legatees of the testator’s will 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 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":1404722,"text":"If a testator executes a will that makes provision for a living child of the testator, a child born or adopted after execution of a testator’s will who is neither provided for nor expressly excluded by the will is entitled to the lesser of (i) such portion of the testator’s estate as the afterborn or after-adopted child would have been entitled to if the testator had died intestate or (ii) the equivalent in amount to any bequests and devises to any child named in the will, and if there are bequests or devises to more than one child, then to the largest aggregate bequest or devise to any child.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1404723,"text":"The devisees and legatees of the testator’s will 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 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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-420\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 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 1960, chapter 527; in 1968, chapter 656; in 1972, chapter 825; in 1978, chapter 647; in 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1500215,"object_type":"law","relational_id":376228,"identifier":"64.2-420","token":"64.2\/II\/4\/3\/64.2-420","url":"\/64.2-420\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/64.2-420\/","token":"64.2\/II\/4\/3\/64.2-420","dublin_core":{"Title":"Provision for omitted children when child living when will made","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-420","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If a testator executes a will<\/span> that makes provision for a living child of the testator, a child born or adopted after execution of a testator’s will<\/span> who is neither provided for nor expressly excluded by the will<\/span> is entitled to the lesser of (i) such portion of the testator’s estate as the afterborn or after-adopted child would have been entitled to if the testator had died intestate or (ii) the equivalent in amount to any bequests and devises to any child named in the will<\/span>, and if there are bequests or devises to more than one child, then to the largest aggregate bequest or devise to any child. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The devisees and legatees of the testator’s will<\/span> 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 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 CHILD LIVING WHEN WILL MADE (\u00a7 64.2-420)\n\nA. If a testator executes a will that makes provision for a living child of the\ntestator, a child born or adopted after execution of a testator’s will who\nis neither provided for nor expressly excluded by the will is entitled to the\nlesser of (i) such portion of the testator’s estate as the afterborn or\nafter-adopted child would have been entitled to if the testator had died\nintestate or (ii) the equivalent in amount to any bequests and devises to any\nchild named in the will, and if there are bequests or devises to more than one\nchild, then to the largest aggregate bequest or devise to any child.\n\nB. The devisees and legatees of the testator’s will shall contribute\nratably to the portion of the testator’s estate to which the afterborn or\nafter-adopted child is entitled, either in kind or in money, out of what is\ndevised and bequeathed to them, as the court deems proper. However, if such\nafterborn or after-adopted child 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 64-70; 1960, c. 527; 1968, c. 656, \u00a7 64.1-71; 1972, c.\n825; 1978, c. 647; 2012, c. 614.","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"}}