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Illinois Compiled Statutes

755 ILCS 5/4-10 (2026)

Effect of child born after will

✓ current as of May 2026
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(755 ILCS 5/4-10) (from Ch. 110 1/2, par. 4-10)
    Sec. 4-10. Effect of child born after will.) Unless provision is made in the will for a child of the testator born after the will is executed or unless it appears by the will that it was the intention of the testator to disinherit the child, the child is entitled to receive the portion of the estate to which he would be entitled if the testator died intestate and all legacies shall abate proportionately therefor.
(Source: P.A. 79-328.)

    
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2009–2023 · leading case: In Re Est. of Feinberg, 919 N.E.2d 888 (Ill. 2009).
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In Re Est. of Feinberg, 919 N.E.2d 888 (Ill. 2009). “755 ILCS 5/4-10 (West 2008). The public policy of the state of Illinois as expressed in the Probate Act is, thus, one of broad testamentary freedom, constrained only by the rights granted to a surviving spouse and the need to expressly disinherit a child born after execution of…”
In re: Est. of Johnson, 2023 IL App (4th) 220488 (Ill. App. Ct. 2023). · cites it 2× “The circuit court entered summary judgment in favor of the adopted children on their claim for declaratory relief, ruling they were entitled to share in the estate as if decedent had died intestate pursuant to section 4-10 of the Probate Act of 1975 (Probate Act) (755 ILCS…”
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