It will come with whatever is current at the time it's shipped. In general Apple updates it's old stock so you'll be getting the new stuff (unless a new update just came out and you went within a week or so, you'd get old firmware).
If you get it from Apple, the chances are low. Also, are you sure you can't wait a few months until the launch of the next iPhone, which will cause iPhone 5's price to drop?
Alright that confirms my fear thanks for the quick replies I had a little hope because two years ago when I got my 4 it was still running 4.1 I think while the newest firmware was 4.1.3 but I guess things have changed
And I would get it from T-Mobile by the way and not Apple directly. Also well the 4S would cost me 200€ extra while the 5 would be 300€ and while these 100€ wouldn't hurt me all that much I don't like to spend money where I think it's uneeded, the bigger screen and sleeker design aren't worth 100€ in my eyes Now if T-Mobile would tell me that the 5 will start being only 200€ once the 5S/6 is out I would wait but otherwise...