What if I have more children after I write my will?

The way to avoid inheritance problems if you have more children after you write your will, is to keep your will up to date. Any time a family change occurs that will alter your beneficiaries, you should revise your will. You can either prepare a new will or add an amendment, called a codicil, to your existing will. A codicil is a formal supplement to your will and must conform to the same requirements. It must be written and then signed by you and witnessed. They need not be the same witnesses who signed the original will.

Tip: If you execute a codicil to your will, be sure to store it with your original will. If the changes are extensive, you should consider revoking the old will and writing a new one to avoid confusion when the will is offered for probate. Writing a new will also assures that you don’t make mistakes. Your new will must include a statement to the effect that you “revoke all prior wills and codicils”. This wording will protect your intentions if you forgot to destroy any originals or copies of prior wills or codicils.

Leaving property to your children by name rather than in equal shares can make distribution very complex if you do not change the will when subsequent children are born. If, for example, each of three children get one third of your estate, and you fail to change your will when a fourth is born, some courts might assume that your intent was to give each child an equal share of the estate and award each 25% (unless you have a clause about intentionally not leaving anything to any children not specifically named). If, however, each child, by name, is left a different amount, the court will have no idea about your intentions for another child without further documentation.

Some wills and trusts are written to anticipate the possibility of additional children, thus protecting the interests of any future children. This, or similar, wording may be used:

If, subsequent to the execution of this document, there shall be an additional child or children born to me, such child or children (or issue thereof) shall share in the benefits hereunder the same as my children named herein.

This wording may work if all children share equally under the will but not if each child is to receive specific property or unequal shares. You should always make a new will whenever life-changing events, such as the birth of a child, occur. (See article on When and How Should I Revise My Will?)

Case Studies: Securing Your Will for Changing Family Circumstances

Case Study 1: Updating a Will With a Codicil

In this fictional case study, Mr. Smith wrote his will, leaving his estate to his three children in equal shares. However, a few years later, he had another child. To ensure that the new child is included in his will, Mr. Smith executed a codicil, which is a formal amendment to his existing will.

The codicil stated that the new child would share in the benefits of the will just like his other children. By properly updating his will with a codicil, Mr. Smith ensured that his intentions were clear and that his estate would be distributed according to his wishes.

Case Study 2: Leaving Property in Unequal Shares

In this fictional case study, Mrs. Johnson had written her will, leaving specific amounts of property to each of her three children. However, after her will was finalized, she had another child. Unfortunately, Mrs. Johnson did not update her will to include the new child.

As a result, the court faced difficulty in interpreting her intentions for the fourth child. Without further documentation, some courts might assume equal distribution and divide the estate equally among all four children. This case study highlights the importance of updating your will when subsequent children are born and clearly stating your intentions to avoid distribution disputes.

Case Study 3: Wording to Protect Future Children’s Interests

In this fictional case study, Mr. and Mrs. Anderson planned ahead when drafting their will. They included a provision that anticipated the possibility of additional children. The wording stated that if any child is born to them after the execution of the will, that child would share in the benefits of the will the same as their named children.

This provision protected the interests of any future children, ensuring they would receive an equal share of the estate. However, it’s important to note that such a provision may not be suitable if each child is to receive specific property or unequal shares.