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133.160 - Rights of child born after making of will by parent of child; effect of such rights on remaining provisions of will.

133.160  Rights of child born after making of will by parent of child; effect of such rights on remaining provisions of will.

      1.  When a child is born after the making of a will by a parent of that child and no provision is made for the child in the will, the child is entitled to the same share in the estate of the testator as if the testator had died intestate, unless:

      (a) It is apparent from the will that it was the intention of the testator that no provision should be made for that child; or

      (b) The testator provided for the omitted child by a transfer of property outside of the will and it appears that the testator intended the transfer to be in lieu of a testamentary provision.

      2.  If, pursuant to subsection 1, a child is entitled to take the same share in the estate of the testator as if the testator had died intestate, the remaining provisions of the will remain intact to the extent those provisions are not inconsistent with this subsection, including, without limitation, any provision concerning the appointment of a personal representative.

      [14:61:1862; B § 825; BH § 3013; C § 3084; RL § 6215; NCL § 9918]—(NRS A 1999, 2258; 2009, 1624)

     

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