While such a clause will not necessarily prevent a claim against an estate by a pretermitted heir, it may make it more difficult to succeed in such an action.
Some statutes allow a pretermitted child to claim their intestate share, while others limit the inheritance to an amount that is comparable to devises made in the will for the children who were alive when the will was written.
Some jurisdictions provide the same rights for a child who was pretermitted because, although born before the will was executed, he was not known of at the time the will was made.
When a court finds that a child was pretermitted and is entitled to inheritance, in order to provide the child with an inheritance the court may proportionally reduce the gift under the will to the decedent's other children, or may reduce gifts under the will to non-family members.
A pretermitted spouse may also disclaim any interest in the testator's estate through an antenuptial or prenuptial agreement.