Omitted or Pretermitted Children Under Wills in Wyoming
At a glance
| Will and child covered | No general omitted-child share stated in current Title 2 will/intestacy provisions (§§ 2-6-101, 2-4-101). |
|---|---|
| Birth or adoption timing | No omission-specific timing test stated; posthumous persons inherit as if born before death (§ 2-4-103). |
| Naming and provision test | No omitted-child naming or provision test specified in Title 2 will provisions (§§ 2-6-101, -105). |
| Intentional omission | Will's expressed intention controls dispositions; no omitted-child intent exception stated (§ 2-6-105). |
| Other-parent gifts | No omission-specific other-parent devise condition stated (§§ 2-6-101, -105). |
| Outside gifts and advancements | § 2-4-108 addresses written-designated advancements when a person dies intestate. |
| Baseline statutory share | No general omitted-child amount; undisposed property follows intestate descent (§ 2-4-101). |
| Effect of gifts to existing children | No omitted-child adjustment to existing children's will gifts stated (§§ 2-6-101, -105). |
| Property source and abatement | No omitted-child abatement formula stated; minor-child allowances are separately provided (§§ 2-7-501, -504). |
| Trust and nonprobate reach | A will may devise to an existing trust; no omitted-child extension stated in that section (§ 2-6-103). |
When a will omits a child
Wyo. Stat. § 2-6-101 permits a will to dispose of property, “subject to the rights of the surviving spouse and children.” Title 2's will provisions do not turn that clause into a general omitted-child share calculation. Under § 2-4-101(a), intestate descent applies to property left undisposed of. The will's expressed intention controls its dispositions under § 2-6-105.
A surviving minor child may have separate protection: § 2-7-501(a) permits possession of the homestead and household items pending administration and a court-allowed reasonable support provision. Wyo. Stat. § 2-7-504 directs a set-aside of exempt property to the spouse, or if none, the minor children. Those are distinct from a missing will-gift formula.
What trips people up
The posthumous-person rule in § 2-4-103 says someone conceived before death but born afterward inherits as if born during the decedent's lifetime. It does not state that a will is displaced whenever it omits that person. Likewise, § 2-4-108(a)'s lifetime-gift advancement calculation applies when a person dies intestate.
Common questions
Does a posthumous birth itself create an omitted-child share? Section 2-4-103 protects inheritance status, but states no share to take away from dispositions in a will.
Can a will leave property to a trust? Wyo. Stat. § 2-6-103 permits a devise to the trustee of an existing written trust identified in the will; it does not set an omitted-child share for that trust.
Statutes and sources
- Wyo. Stat. §§ 2-4-101, -103, -108, 2-6-101, -103, -105, and 2-7-501, -504. Verbatim official text, URL, and access dates appear in the source fields above.
Source links
Every statute quoted above, linked, with the date we checked it.
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