“Gift over” in a will to a substitute beneficiary
A gift over in a will is when the person designated to receive it has died, the gift then passes over to a substitute person, if so named to take.
Issue
“My issue” – considering the meaning of “issue” in wills
What is the legal meaning of issue, remoter issue and similar terms in wills? Does it mean children? Are all descendants entitled to inherit in the same way? Find our more about this flexible term “issue” here.
“Contrary intention” in succession law and will-making
Image: Coat of Arms, Broken Hill Courthouse, NSW, by B Stead.
Many provisions in state and territory legislation on succession and wills allow for a willmaker to express a contrary intention in their will to override the statutory rule. Where a provision of succession legislation contains these words, it means that the statutory rule can be displaced, that is not apply in the administration of their estate, if a willmaker has expressed a different intention on the matter in their will as to what they want to have happen.
“Issue children” – some issues with words
The word “issue” is a legal term meaning all of a person’s descendants; not just their children. It is easy to overlook this and the potential unwanted consequences for what is intended, if not used correctly when working out wording in a will.
Per stirpes, per capita and deceased estate distribution
Per stirpes and per capita refer to the ways in which a person’s estate can be distributed among their descendants (issue). The point is to take into account any family who may have predeceased them.
Understanding how per stirpes and per capita work is important both in making a will and for legal representatives interpreting one.
Issue and children in wills – say what you mean
Language can be confusing. The way that certain words are used in a will may cause difficulties in interpreting what the willmaker actually meant, but unfortunately may not come to light until they have passed away. Two such words are “children” and “issue”.