In the situation of intestacy, what happens when a child is born after the death of a parent?

Study for the Wills Bar Exam. Prepare with flashcards and multiple choice questions; every question has hints and explanations. Get ready for your exam success!

When a child is born after the death of a parent, the child still inherits from the deceased parent according to the principles of intestacy. Many jurisdictions adhere to the rule that any child born after the parent's death has the same rights to inherit as children born before the death. This concept ensures that all children, regardless of their birth status relative to the parent's death, are treated equally and can claim their inheritance.

The rationale behind this principle is rooted in fairness and the legal recognition of the relationship between the parent and the child. It is designed to protect the rights of all offspring, acknowledging the potential for a child to be alive had the parent survived longer. Thus, in intestate situations, the law allows such children to inherit as if they were born during the parent's lifetime, ensuring equitable distribution of the deceased’s estate among all their children.

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