Definition of the term ‘issue…. per stirpes’

Does the definition of the word
‘issue’ in a Will include a the
surviving spouse of a beneficiary
who never remarried or does this
word only refer to the biological
son of the deceased beneficiary?

Asked on May 17, 2017 under Estate Planning, Minnesota

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

"Issue" are a person's children or other lineal descendants such as grandchildren and great-grandchildren. Therefore, it does not mean all heirs but only the direct bloodline. Accordingly, a survivng spouse does not qualify.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Issue does not include a surviving spouse of a beneficiary.  Issue in the context of a Will means children or other descendants of the deceased and is construed as to the intention of the testator (person whose Will this is).  Again, it does NOT include a surviving spouse. 


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