§ 5-3.2 Revocatory effect of birth of child after execution of will\n (a) Whenever a testator has a child born after the execution of a last\nwill, and dies leaving the after-born child unprovided for by any\nsettlement, and neither provided for nor in any way mentioned in the\nwill, every such child shall succeed to a portion of the testator's\nestate as herein provided:\n (1) If the testator has one or more children living when he executes\nhis last will, and:\n (A) No provision is made therein for any such child, an after-born\nchild is not entitled to share in the testator's estate.\n (B) Provision is made therein for one or more of such children, an\nafter-born child is entitled to share in the testator's estate, as\nfollows:\n (i) The portion of the testator's estate in which the after-born child\nmay share is limited to the disposition made to children under the will.\n (ii) The after-born child shall receive such share of the testator's\nestate, as limited in subclause (i), as he would have received had the\ntestator included all after-born children with the children upon whom\nbenefits were conferred under the will, and given an equal share of the\nestate to each such child.\n (iii) If it appears from the will that the intention of the testator\nwas to make a limited provision which specifically applied only to the\ntestator's children living at the time the will was executed, the\nafter-born child succeeds to the portion of such testator's estate as\nwould have passed to such child had the testator died intestate.\n (iv) To the extent that it is feasible, the interest of the after-born\nchild in the testator's estate shall be of the same character, whether\nan equitable or legal life estate or in fee, as the interest which the\ntestator conferred upon his children under the will.\n (2) If the testator has no child living when he executes his last\nwill, the after-born child succeeds to the portion of such testator's\nestate as would have passed to such child had the testator died\nintestate.\n (b) The term "after-born child" shall mean a child of the testator\nborn during the testator's lifetime or in gestation at the time of the\ntestator's death and born thereafter. For purposes of this section, a\nnon-marital child, born after the execution of a last will shall be\nconsidered an after-born child of his or her father where paternity is\nestablished pursuant to section 4-1.2 of this chapter.\n (c) The after-born child may recover the share of the testator's\nestate to which such child is entitled, either from the other children\nunder subparagraph (a) (1) (B) or the testamentary beneficiaries under\nsubparagraph (a) (2), ratably, out of the portions of such estate\npassing to such persons under the will. In abating the interests of such\nbeneficiaries, the character of the testamentary plan adopted by the\ntestator shall be preserved to the maximum extent possible.\n
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