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Issue

Issue, in estate planning terms, is the word used to describe a person's children or grandchildren either through birth or adoption. The term covers lineal descendents and can be used to broadly describe family generations present and to come. The importance of issue in estate planning is mainly seen in wording of wills and testaments, particularly if there are step-children involved who have or have not been legally adopted. In order to include or exclude them in issue they should be formally named as beneficiaries in whatever means desired by the testator. Without specifically naming stepchildren as part of issue, they are often excluded when they were not intended to be excluded. Issue is another example of how important wording is and the proper use of legal terminology in any legal documents.

Fast Facts

  • Issue as used in estate planning can be used broadly to cover lineal descent, one could theoretically bequest a piece of land to all present issue and future issue without end to be shared amongst themselves and basically mean that all present and future descendents will own the property.
  • Individuals wishing to exclude particular children or grandchildren should not use the broad term issue and should instead use named bequests to spell out their wishes.

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