What might trigger an intestacy situation despite the existence of a will?

In the context of intestacy situations, the presence of a will does not always ensure that all heirs are accounted for. A situation can occur where a will includes a pretermitted child, which refers to a child of the testator who was born or adopted after the will was executed and thus was not mentioned in the will.

When a will fails to account for a pretermitted child, many jurisdictions have laws in place that provide for the child's share in the estate as if the decedent had died without a will. This is based on the principle that the law protects the rights of children, particularly in situations where a parent may have unintentionally omitted them from the estate planning documentation. As a result, the existence of a pretermitted child may lead to a partial intestacy regarding the child's share, creating an intestate succession scenario despite an existing will.

Other situations, such as an outdated will, poor drafting, or failing to name beneficiaries, may create complications but do not necessarily result in an intestacy. An outdated will may still be valid but not reflect the testator's current intentions, while a poorly drafted will might be challenged in court but can potentially be probated. Failing to name beneficiaries could lead to uncertainty,