“Issue children” – some issues with words

For more on this topic see: ‘‘My issue” – considering the meaning of issue in wills’ 

 
 
 

“Issue children” was used to describe a class of beneficiaries in a will.  But it wasn’t clear what was intended and ultimately required resolution by the Court.   We make a will so as to provide for our loved ones; to be able to choose who will inherit our property.  But writing down our intentions so that they are clear and unambiguous for others when we are no longer around, is not easy.   For example the words “issue” and “children”. The word “issue” is a legal term meaning all of a person’s descendants; not just their children.  More considerations on its meaning can be read here.

In a recent case a gift in remainder of real estate under a will had to be distributed.1 The will-maker had died in 1948. The two trustees of the estate were the surviving children of the will-maker’s only son, deceased.  Their sister had pre-deceased their father, leaving children of her own.
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