{"data":{"id":"us-nc/n.c.-gen.-stat.-31-5.5","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 31-5.5","heading":"After-born or after-adopted child; children born out of wedlock; effect on will.","body":"(a)\tA will shall not be revoked by the subsequent birth of a child to the testator, or by the subsequent adoption of a child by the testator, or by the subsequent entitlement of an after-born child born out of wedlock to take as an heir of the testator pursuant to the provisions of G.S. 29-19(b), but any after-born, after-adopted or entitled after-born child born out of wedlock shall have the right to share in the testator's estate to the same extent the after-born, after-adopted, or entitled after-born child born out of wedlock would have shared if the testator had died intestate unless:\n(1)\tThe testator made some provision in the will for the child, whether adequate or not;\n(2)\tIt is apparent from the will itself that the testator intentionally did not make specific provision therein for the child;\n(3)\tThe testator had children living when the will was executed, and none of the testator's children actually take under the will;\n(4)\tThe surviving spouse receives all of the estate under the will; or\n(5)\tThe testator made provision for the child that takes effect upon the death of the testator, whether adequate or not.\n(b)\tThe provisions of G.S. 28A-22-2 shall be construed as being applicable to after-adopted children and to after-born children, whether legitimate or entitled children born out of wedlock.\n(c)\tThe terms \"after-born,\" \"after-adopted\" and \"entitled after-born\" as used in this section refer to children born, 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; 2011-344, s. 8; 2013-198, s. 14.)","path":["Chapter 31. Wills.","Article 2. Revocation of Will."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_31/GS_31-5.5.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T17:59:47Z","sha256":"9b618325d6f48bcb80ba4ab8e2442f18745e049cfbad6abf569dce0faeb20d45","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-31-5.4","next":"us-nc/n.c.-gen.-stat.-31-5.6"},"notice":"GroundRules: Original legal text. Not legal advice."}