§ 31-5.5. After-born or after-adopted child; illegitimate child; effect on will. - North Carolina Statutes

§31‑5.5.  After‑born or after‑adopted child; illegitimatechild; effect on will.

(a)        A will shall not berevoked by the subsequent birth of a child to the testator, or by thesubsequent adoption of a child by the testator, or by the subsequententitlement of an after‑born illegitimate child to take as an heir of thetestator pursuant to the provisions of G.S. 29‑19(b), but any after‑born,after‑adopted or entitled after‑born illegitimate child shall havethe right to share in the testator's estate to the same extent he would haveshared if the testator had died intestate unless:

(1)        The testator madesome provision in the will for the child, whether adequate or not;

(2)        It is apparent fromthe will itself that the testator intentionally did not make specific provisiontherein for the child;

(3)        The testator hadchildren living when the will was executed, and none of the testator's childrenactually take under the will;

(4)        The surviving spousereceives all of the estate under the will; or

(5)        The testator madeprovision for the child that takes effect upon the death of the testator,whether adequate or not.

(b)        The provisions ofG.S. 28A‑22‑2 shall be construed as being applicable to after‑adoptedchildren and to after‑born children, whether legitimate or entitledillegitimate.

(c)        The terms"after‑born," "after‑adopted" and"entitled after‑born" as used in this section refer to childrenborn, adopted or entitled subsequent to the execution of the will. (1868‑9,c. 113, s. 62; Code, s. 2145; Rev., s. 3145; C.S., s. 4169; 1953, c. 1098, s.7; 1955, c. 541; 1973, c. 1062, s. 2; 1985, c. 689, s. 9; 1995, c. 161, s. 1;1997‑456, s. 55.8.)