What does then living issue mean?
a person’s children or other lineal descendants such as grandchildren and great-grandchildren. It does not mean all heirs, but only the direct bloodline. Occasionally, there is a problem in determining whether a writer of a will or deed meant issue to include descendants beyond his or her immediate children.
What does Stirpes mean in legal terms?
Per stirpes is a legal term stipulating that should a beneficiary predecease the testator—the person who has made the will—the beneficiary’s share of the inheritance goes to that beneficiary’s heirs.
Will per stirpes example?
Using per stirpes is a quick way to name contingent beneficiaries for your property. For example, say you have three children — Alan, Beth, and Claude — and when you die you want to split your estate equally among them. But Alan passes away before you, leaving behind two children of his own.
Should you use per stirpes?
Some attorneys, but not many, like to use the term “to my children, per stirpes.” The problem with this is that it is very technically, incorrect. So, attorneys should use the term “per stirpes” only in the context of descendants and not go rogue by using “children, per stirpes” or “siblings, per stirpes.”
What does then living mean?
That phrase means that if one child of the four is deceased then to their issue.
What happens with per stirpes if no descendants?
In the pure per stirpes system, the estate is divided into primary shares at the generation nearest to the decedent (the decedent’s children). Any deceased children who have no living descendants are disregarded in determining the number of primary shares.
What does decedent’s name mean?
A deceased person is a dead person. A decedent is a legal term for someone dead often used in estate planning documents. When a person dies, they become a decedent.
