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Issue is a narrower category than heirs, which includes spouses, and collaterals (siblings, cousins, aunts, and uncles). [2] This meaning of issue arises most often in wills and trusts. [3] A person who has no living lineal descendants is said to have died without issue. A child or children are first-generation descendants and are a subset of ...
Most common-law jurisdictions have enacted an anti-lapse statute to address this situation. The anti-lapse statute "saves" the bequest if it has been made to parties specified in the statute, usually members of the testator's immediate family, if they had issue that survived the testator.
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the jurisdiction where the deceased resided at the time of their death.
Wills also sometimes name a charity for a bequest without having money in the estate to cover the gift. That risks having money taken from heirs' portion to cover the gift.
An illustration of a courtier and a landholder settling an estate: historically, fee tails were used to preserve the status of the landed gentry. In property law, a failure of issue is a situation in which a property-holder dies without leaving children who could have inherited their property. [1]
In common law, an estate is a living or deceased person's net worth. It is the sum of a person's assets – the legal rights, interests, and entitlements to property of any kind – less all liabilities at a given time. The issue is of special legal significance on a question of bankruptcy and death of the person.
Register of Wills is an elected position in jurisdictions such as Maryland. The Registrar and staff administer the local Probate Court, typically for a given county , acting partly as public customer service and partly as clerks for the probate judge (who may or may not be elected).
[19] [20] In some nations, multiple wills may be useful to reduce or avoid taxes upon the estate and its assets. [21] Care must be taken to avoid accidental revocation of prior wills, avoid conflicts between the wills, and anticipate jurisdictional and choice of law issues that may arise during probate. [20]