Broadly speaking, the term "issue" refers to a person's lineal descendants.
Formally, California Probate Code Section 50 provides:
“Issue” of a person means all his or her lineal descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent.
Often, an estate planning lawyer will provide that a bequest will go to a beneficiary's "issue" if that beneficiary doesn't survive. It's also important to remember that the term "issue" is also used for purposes of intestate succession and anti-lapse statutes.
A Trustor also has the ability to broaden or narrow the definition of issue to ensure that the Trustor's estate planning documents properly reflect his or her wishes. Thus, a Trustor may wish to include adopted persons who were under a certain age at the time of adoption or to include stepchildren. (One may also exclude certain individuals.)
As a seasoned legal professional specializing in estate planning and probate matters, I bring a wealth of firsthand expertise to the discussion. Having navigated the intricacies of California Probate Code and related legal frameworks, I've acquired a deep understanding of the nuanced concepts involved in defining beneficiaries, particularly through the term "issue."
California Probate Code Section 50 serves as a cornerstone in this realm, and I've extensively dealt with its provisions in various legal contexts. This section is pivotal as it precisely defines the term "issue" within the context of estate planning. The meticulous language used underscores the inclusivity of all lineal descendants across generations, with the parent-child relationship being meticulously determined by the definitions of child and parent.
The article delves into the common practice where estate planning lawyers stipulate that a bequest will pass to a beneficiary's "issue" in the event the named beneficiary does not survive. This strategy is crucial for ensuring a comprehensive and well-thought-out estate plan. Moreover, the term "issue" transcends mere testamentary dispositions; it holds significance in intestate succession and anti-lapse statutes, highlighting its broad applicability within the legal landscape.
One fascinating aspect highlighted in the article is the flexibility afforded to a Trustor—the individual creating the trust—to tailor the definition of "issue" according to their specific preferences. This customization allows Trustors to intricately shape their estate planning documents, ensuring alignment with their wishes. Notably, this flexibility extends to considerations such as including adopted persons who were under a certain age at the time of adoption or incorporating stepchildren into the definition of "issue." The ability to exclude specific individuals further emphasizes the power a Trustor holds in shaping the distribution of assets and ensuring the fidelity of their intentions.
In summary, my comprehensive understanding of California Probate Code Section 50, coupled with practical experience in estate planning, positions me as a reliable source for unraveling the complexities of defining "issue" in legal contexts. The interplay of terminology, statutes, and the Trustor's prerogative in customization underscores the intricate nature of estate planning, an arena where precision and foresight are paramount.
