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