The Child Who Was Never Added to the Will

A man—we'll call him Mr H—wrote a will leaving everything to his wife and their existing children. It was a straightforward document, reflecting his family at the time. Years later, he had another child. But he never updated the will. When Mr H died, his youngest child was left with nothing—simply because they hadn't been born when the will was written.

The Original Will

Mr H's will was simple and clear:

• Wife as primary beneficiary: The bulk of the estate was left to his spouse
• Existing children named: Each child alive at the time of writing was specifically mentioned
• Professionally drafted: The document was properly witnessed and legally valid
• No future provisions: The will did not include any clause covering children born after it was written

Life Changed, the Will Didn't

After the will was written, Mr H's family grew:

• A new child was born: Years after the will was drafted
• No update made: Despite this major life change, the will was never revised
• Common mistake: Many parents assume a will automatically includes future children—it doesn't unless it specifically says so

The Court Claim

The case was brought under the Inheritance (Provision for Family and Dependants) Act 1975:

• The argument: The youngest child argued that the will failed to make reasonable provision for them
• The ruling: The court agreed and ordered financial provision to be made from the estate

How to Protect Against This

Estate planners recommend several approaches:

• Include a class gift clause: "To all my children, including those born after this will" covers future children automatically
• Review after every birth: Update the will each time a child is born or adopted
• Set calendar reminders: Review your will every 3-5 years regardless of changes
• Use a trust: Trusts can be more flexible in accommodating future beneficiaries

The Lesson

Re H (Deceased) is a case that should concern every parent. A loving father, who almost certainly intended to provide for all his children equally, left one child with nothing—simply because he didn't update a piece of paper.

Your will is a snapshot of your life at the time you write it. If your life changes and your will doesn't, the people you love most may be the ones who suffer.

This article is based on principles established in cases under the Inheritance (Provision for Family and Dependants) Act 1975. Details have been anonymised to protect the family's privacy.