Omitted Spouses and Children – California Globe

Division 11, Part 6 deals with family protection for omitted spouses and children. Chapter 2 deals with omitted spouses.

Section 21610 provides that, if a decedent fails to provide in a testamentary instrument for the decedent’s surviving spouse who married the decedent after the execution of all of the decedent’s testamentary instruments, the omitted spouse is required to receive a share in the decedent’s estate, consisting of the specified property in that estate.

Section 21611 prohibits a spouse from receiving a share of the estate under Section 21610 if any of the four specified conditions is established.

Section 21612 provides two conditions for satisfying a share. If the obvious intention of the decedent in relation to some specific gift or devise or other provision of a testamentary instrument would be defeated by the application of law, the specific devise or gift or provision may be exempted from the apportionment and a different apportionment, consistent with the intention of the decedent, may be adopted.

Chapter 3 deals with omitted children. Section 21620 provides that, if a decedent fails to provide in a testamentary instrument for a child of decedent born or adopted after the execution of all of the decedent’s testamentary instruments, the omitted child is to receive a share in the decedent’s estate equal in value to that which the child would have received if the decedent had died without having executed any testamentary instrument.

Section 21621 prohibits a child from receiving a share of the estate if any of three specified conditions are established.

Section 21622 provides that, if at the time of the execution of all of decedent’s testamentary instruments effective at the time of decedent’s death, the decedent failed to provide for a living child solely because the decedent believed the child to be dead or was unaware of the birth of the child, the child is to receive a share in the estate equal in value to that which the child would have received if the decedent had died without having executed any testamentary instruments.