New Jersey § 3b:5-16

§ 3b:5-16.

a. Except as provided in subsection b., if a testator fails to provide in his will for any of his children born or adopted after

the execution of his will, the omitted after-born or after-adopted child receives a share in the estate as follows; (1) If the testator had no child living when he executed the will, an omitted after-born

or after-adopted child receives a share in the estate equal in value to that which

the child would have received had the testator died intestate, unless the will devised

all or substantially all of the estate to the other parent of the omitted child or

to a trust primarily for the benefit of that other parent and that other parent survives

the testator and is entitled to take under the will. (2) If the testator had one or more children living when he executed the will, and

the will devised property or an interest in property to one or more of the then-living

children, an omitted after-born or after-adopted child is entitled to share in the

testator's estate as follows: (a) the portion of the testator's estate in which the omitted after-born or after-adopted

child is entitled to share is limited to devises made to the testator's then-living

children under the will. (b) the omitted after-born or after-adopted child is entitled to receive the share

of the testator's estate, as limited in subparagraph (a), that the child would have

received had the testator included all omitted after-born and after-adopted children

with the children to whom devises were made under the will and had given an equal

share of the estate to each child. (c) to the extent feasible, the interest granted an omitted after-born or after-adopted

child under this section must be of the same character, whether equitable or legal,

present or future, as that devised to the testator's then-living children under the

will. (d) in satisfying a share provided by this paragraph, devises to the testator's children

who were living when the will was executed abate ratably. In abating the devises of the then-living children, the court shall preserve to

the maximum extent possible the character of the testamentary plan adopted by the

testator. b. Neither subsection a. (1) nor subsection a. (2) applies if: (1) it appears from the will that the omission was intentional; or (2) the testator provided for the omitted after-born or after-adopted child by transfer outside the will and the intent that the transfer be in lieu of

a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence. c. If at the time of execution of the will the testator fails to provide in his will

for a living child solely because he believes the child to be dead, the child is entitled to a share in the estate as if the child were an omitted after-born or after-adopted child . d. The share provided by subsection a. (1) shall be taken from devisees under the will ratably and in proportion to their respective

interests therein.