Md. Code Ann., Est. & Trusts § 3-301
Subsequent birth, adoption, or legitimation of child by testator
Effective Oct 1, 2019Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1993, c. 5, § 1; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.State of Maryland
- (a) A will may not be revoked by the subsequent birth, adoption, or legitimation of a child by the testator except under the circumstances referred to in § 4-105(3) of this article.
(b) A child described in subsection (a) of this section or issue, if any, of such child who does not survive the testator, is entitled to a share in the estate to be determined and paid in accordance with §§ 3-302 and 3-303 of this subtitle, if:
- (1) The will contains a legacy for a child of the testator but makes no provision for a person who becomes a child of the testator subsequent to the execution of the will;
- (2) The child was born, adopted, or legitimated after the execution of the will;
- (3) The child, or the child's issue, survive the testator; and
- (4) The will does not expressly state that the child, or the child's issue, should be omitted.
Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1993, c. 5, § 1; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
Formerly Art. 93, § 3-301.