It’s unusual for a person to give a complete list of children in their will and state “This is a list of all my children. I have no others.” Wills that give property to some children and name others only to give them nothing or a seemingly token amount may appear to have named all children (the token amount clause is usually done so the child cannot say they were omitted). It is worth noting that a will is a legal document to dictate property transfer upon a person’s death and not to provide a genealogical record of all the testator’s children.
The wills that appear to only mention some children that are more confusing and raise questions. It’s possible that other children were provided for separately prior to the drafting of the will or were intentionally left out for some other reason. One should not jump to the conclusion that children given no inheritance or left out of the will were “on the outs” with the testator unless there is evidence to support that statement.
It’s proving the testator had children not mentioned in the will that can sometimes be difficult.
Researchers should make certain that all probate records involving the settlement of the parent’s estate have been obtained–not just the will. Were there any settlement deeds drawn up for property not referenced in the will? Did heirs have to sign any of those deeds? Was there property whose disposition was not mentioned in the will? Was there court action over the validity of the will–a potential if children are truly omitted?
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