Omitted or Pretermitted Children Under Wills in Connecticut

Short answer Connecticut protects a child born or adopted after a will, including qualifying assisted-reproduction and postdeath births, when the will does not provide for the child. The share is usually an intestate-value amount if no child was living at execution, or an equalized share of gifts to then-living children. Intentional omission apparent from the will and a qualifying outside transfer defeat the claim; a child mistakenly believed dead has a separate route. (Conn. Gen. Stat. § 45a-257b.)
State
Connecticut
Statute checked
October 5, 2026
Sources
4 statutes

At a glance

Will and child coveredLater-born/adopted child omitted from will; living child omitted solely from mistaken belief of death (§ 45a-257b(a), (c)).
Birth or adoption timingAfter execution; expressly includes qualifying assisted-reproduction and postdeath births (§ 45a-257b(a)).
Naming and provision testWill fails to provide for later child; mistaken-death route needs omission solely from that belief (§ 45a-257b(a), (c)).
Intentional omissionLater-child share excluded if intentional omission appears from will (§ 45a-257b(b)(1)).
Other-parent giftsNo-child-at-execution share excluded if substantially all estate goes to other parent, who survives and can take (§ 45a-257b(a)(1)).
Outside gifts and advancementsOutside transfer defeats later-child share if intended in lieu of will gift, shown by statements, amount, or other evidence (§ 45a-257b(b)(2)).
Baseline statutory shareNo living child at execution: intestate-equivalent value; limited-child-gift exception also uses intestacy (§ 45a-257b(a)(1), (2)(E)).
Effect of gifts to existing childrenIf then-living children receive gifts, omitted child shares equally in those gifts unless will limits them to living children (§ 45a-257b(a)(2)(A)–(E)).
Property source and abatementExisting-child devises/legacies abate ratably; subsection (d) cites § 45a-426 but refers to an exception, leaving its reach unclear (§ 45a-257b(a)(2)(D), (d)).
Trust and nonprobate reachOutside transfer may defeat coverage; existing-child share matches equitable/legal, present/future character where feasible (§ 45a-257b(b)(2), (a)(2)(C)).

Requirements one by one

Covered child

Section 45a-257b(a) covers a child born or adopted after will execution, expressly including a child born through assisted reproduction as defined in the cited section and a postdeath birth covered by § 45a-785(a). Subsection (c) separately treats a living child omitted solely because the testator believed the child dead as an omitted later child.

Amount and source

Under § 45a-257b(a)(1), a child receives the value of an intestate share when no child was living at execution, subject to its other-parent exception. If then-living children received devises or legacies, subsection (a)(2) ordinarily limits the pool to those gifts, equalizes among included and omitted children, and reduces existing children's gifts ratably. Subsection (a)(2)(E) instead uses an intestate share if the will shows that its limited provision was meant only for children living when it was signed.

For the existing-child route, § 45a-257b(a)(2)(C) preserves the equitable or legal, present or future character of the existing children's gifts where feasible. Subsection (d) refers to § 45a-426(a)–(b) for abatement but literally names subsection (b)(1), which is an intentional-omission exception. Its application to an intestate-value omitted-child share is unclear from that wording.

What trips people up

The other-parent exception requires all or substantially all of the estate to pass to that parent, who must survive and be entitled to take under the will. An outside transfer under § 45a-257b(b)(2) defeats the later-child share only if statements, amount, or other evidence show it was intended in lieu of a testamentary gift.

Common questions

May the will intentionally exclude a later child? Yes. Section 45a-257b(b)(1) requires intentional omission to appear from the will.

Does every gift to a child living at execution cap the later child's share? Subsection (a)(2)(E) overrides the ordinary child-gift pool when the will shows that a limited provision specifically applied only to the children living at execution.

Statutes and sources

  • Conn. Gen. Stat. §§ 45a-257b and 45a-426. Verbatim current text, official chapter URLs, and access dates appear in the source fields above.

Source links

Every statute quoted above, linked, with the date we checked it.

Conn. Gen. Stat. § 45a-257b(a)(1) · accessed 2026-10-05
Conn. Gen. Stat. § 45a-257b(a)(2) · accessed 2026-10-05
Conn. Gen. Stat. § 45a-257b(b)–(d) · accessed 2026-10-05
Conn. Gen. Stat. § 45a-426(a)–(b) · accessed 2026-10-05
This page gives general information about omitted-child statutes, not advice about a particular child, will, or estate. The will's words, other law, and the facts can change the result. Check current official law and consult a licensed adviser before acting.

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