Tennessee Code Annotated
Tenn. Code Ann. § 32-3-103 (2026)
Pretermitted child
✓ current as of May 2026
- (a) A child born after the making of a will, either before or after the death of the testator, inclusive of a mother-testator, not provided for nor disinherited, but only pretermitted, in the will, and not provided for by settlement made by the testator in the testator's lifetime, shall succeed to the same portion of the testator's estate as if the testator had died intestate.
- (b) Toward raising the portion of such child, the devisees and legatees and other heirs shall contribute out of the parts devised, or bequeathed to, or settled upon them by the testator, in the proportion borne by their respective devises, legacies, or settlements to the whole estate of the testator.
Code 1858, §§ 2193, 2194 (deriv. Acts 1823, ch. 28, § 1); Shan., §§ 3925, 3926; Code 1932, §§ 8131, 8132; T.C.A. (orig. ed.), §§ 32-303, 32-304.
Notes of Decisions
Cited in 3
cases, 2002–2013 · leading case: Lanier v. Rains, 229 S.W.3d 656 (Tenn. 2007).
Lanier v. Rains, 229 S.W.3d 656 (Tenn. 2007). “Tenn.Code Ann. § 32-3-103 (2001) (emphasis added).”
Ankrom v. State, 152 So. 3d 397 (Ala. 2013). “Codified Laws § 29A-2-302 (2004); Tenn.Code Ann. § 32-3-103 (2007); Tex. Prob.”
Rutherford Cnty. v. Martha Wilson (Tenn. Ct. App. 2002). “A similar statute, but applicable to immediate rather than postponed gifts, Tenn. Code Ann. § 32-3-103 (3) states that if a devisee or legatee, or member of such class, of an immediate gift dies before the testator leaving issue surviving the testator, such issue shall take the…”
— Tenn. Code Ann. § 32-3-103(a) — 1 case
Lanier v. Rains, 229 S.W.3d 656 (Tenn. 2007). “Tenn.Code Ann. § 32-3-103 (2001) (emphasis added).”
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