Some jurisidictions provide the same rights for a child who was pretermitted because, although born before the will was executed, he was not known of at the time the will was made. This may be because the child was incorrectly believed to be dead, or was later adopted by the testator.
A will may contain a clause, however, which explicitly disinherits any heirs unknown at the time that the will is executed, or any heirs not named in the will. A pretermitted heir may also be denied the right to take under the will if they received an advancement against their inheritance - an inter vivos gift from the testator of an amount equivalent to what the pretermitted child might take under the will.
Like a pretermitted child, a pretermitted spouse may be explicitly disinherited in the will, or may be excluded from taking under the will if they received an advancement on their inheritance in anticipation of the marriage. A pretermitted spouse may also disclaim any interest in the testator's estate through an antenuptial or prenuptial agreement.
Anna Nicole Smith's will: a tragedy in many acts: it may be years before we know what becomes of Anna Nicole's vast estate. In the meantime, here is some informed speculation.
May 01, 2007; Ancient Greeks would add the tale of Anna Nicole's death to the ranks of Oedipus and Antigone. It would read something like this:...