GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	3 

SENATE BILL 707
Second Edition Engrossed 5/11/95
House Committee Substitute Favorable 5/29/95

Short Title:  Share of After-Born/Adopted Children.	(Public)

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Sponsors:

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Referred to:  

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April 13, 1995

A BILL TO BE ENTITLED
AN ACT TO AMEND THE LAW RELATING TO THE SHARE OF AFTER-BORN OR AFTER-ADOPTED CHILDREN, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 31-5.5(a) reads as rewritten:
"(a)	A will shall not be revoked by the subsequent birth of a child to the testator, or by the subsequent adoption of a child by the testator, or by the subsequent entitlement of an after-born illegitimate child to take as an heir of the testator pursuant to the  provisions of G.S. 29-19(b), but any after-born, after-adopted or entitled after-born illegitimate child shall have the right to share in the testator's estate to the same extent he would have shared if the testator had died intestate unless:
(1)	The testator made some provision in the will for the child, whether adequate or not;
(2)	It is apparent from the will itself that the testator intentionally did not make specific provision therein for the child;
(3)	The testator had children living when the will was executed, and none of the testator's children actually take under the will;
(4)	The surviving spouse receives all of the estate under the will;
(5)	The testator made provision for the child that takes effect upon the death of the testator, whether adequate or not."
Sec. 2.  This act becomes effective October 1, 1995, and applies to estates of decedents dying on or after that date.