(a) If a testator fails to provide in his or her will for any of his or her children born or adopted after the execution of his or her will, the omitted child receives a share in the estate equal in value to that which he or she would have received if the testator had died intestate unless:
(1) It appears from the will that the omission was intentional;
(2) When the will was executed the testator had one or more children and devised substantially all his or her estate to the other parent of the omitted child; or
(3) The testator provided for the child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision be reasonably proven.
(b) If at the time of execution of the will the testator fails to provide in his or her will for a living child solely because he or she believes the child to be dead, the child receives a share in the estate equal in value to that which he or she would have received if the testator had died intestate.
(c) In satisfying a share provided by this section, the devisees made by the will abate as provided in Section 43-8-76.
(Acts 1982, No. 82-399, §2-302.)
Notes of Decisions
State ex rel. Alabama Policy Inst., 200 So. 3d 495 (Ala. 2015).
· cites it 2× “Code § 12-15-319; all laws that presuppose different people occupying the positions of ‘father,’ ‘mother,’ ‘husband,’ and ‘wife,’ e.”
Ankrom v. State, 152 So. 3d 397 (Ala. 2013).
“See § 43-8-91, Ala.Code 1975; see also Alaska Stat.”
Gray v. Gray, 947 So. 2d 1045 (Ala. 2006).
· cites it 9× “William Terry Gray, the executor of the estate of John Merrill Gray II ("John"), appeals the probate court's judgment finding that John Merrill Gray III ("Jack") is entitled to receive a share of John's estate under Ala.Code 1975, § 43-8-91. We reverse the probate court's…”
In re Gilmore, 87 A.D.3d 145 (N.Y. App. Div. 2011).
“…to if the testator had died intestate (eff until Jan. 1, 2014). . Moreover, unlike New York, several states (see e.g. Ala Code § 43-8-91; Conn Gen Stat § 45a-257b [c]; Idaho Code Ann § 15-2-302 [b]; Me Rev Stat Ann tit 18-A, § 2-302 [b]; Mo Rev Stat § 474.240 [2]; Neb Rev Stat…”
Ala. Code § 43-8-91(a)(2): 1 case
Gray v. Gray, 947 So. 2d 1045 (Ala. 2006).
“William Terry Gray, the executor of the estate of John Merrill Gray II ("John"), appeals the probate court's judgment finding that John Merrill Gray III ("Jack") is entitled to receive a share of John's estate under Ala.Code 1975, § 43-8-91. We reverse the probate court's…”
Ala. Code § 43-8-91(a)(3): 1 case
Gray v. Gray, 947 So. 2d 1045 (Ala. 2006).
“William Terry Gray, the executor of the estate of John Merrill Gray II ("John"), appeals the probate court's judgment finding that John Merrill Gray III ("Jack") is entitled to receive a share of John's estate under Ala.Code 1975, § 43-8-91. We reverse the probate court's…”
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