When does the omitted child statute not apply?

The omitted child statute, which is designed to protect children who are not mentioned in a parent's will, typically does not apply when the omission of the child is intentional. This reflects the principle that a testator’s clear intent should be respected, especially if there’s evidence that the testator purposefully excluded the child from the will. Courts generally uphold the individual's wishes, emphasizing the importance of the testator's intent in estate planning.

In contrast, if a testator had only one child, the statute would likely apply since the absence of provisions for that child would not be intentional. Similarly, if a child was provided for in a trust, the omitted child statute might not apply, as the law often recognizes alternative means of providing for children outside a will. Lastly, if a child’s omission resulted from a drafting error, the statute could apply to correct that oversight, as the intent of the testator would have likely included that child if the error had not occurred. Thus, acknowledging intentional omissions aligns with honoring the explicit decisions made by the testator regarding their estate.