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descendant. A descendant is a person born in a direct biological line. For example, a person's children, grandchildren, and great-grandchildren are their descendants. In legal writing, the term "descendant" can have multiple meanings, including those who have been adopted as well as those who are descendants through lineal consanguinity.
- Lineal Consanguinity
Lineal consanguinity is the blood relationship among persons...
- Legal Writing
Some of the most common forms of legal writings include...
- Lineal Descendant
Lineal descendants–also referred to as issue –are the direct...
- Lineal Consanguinity
Descendants are those who are the issue of an individual, such as children, grandchildren, and their children, to the remotest degree. Descendants are those in a descending line of birth from an individual, rather than an ascending line, such as to the parents of the individual. Determining who a person's descendants are is commonly necessary ...
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- Origin of The Law
- Persons entitled
- Law Governing
- Property Subject to Descent and Distribution
- Representation, Per Stirpes, Per Capita
- Kindred of The Half Blood
- Necessary Or Forced Heirs
- Designated Heirs
- Descendants
- Parents
The passage of property from ancestors to children has been recognized and enforced since biblical times. As a general rule, the law, and not the deceased person, confers the right of succession—the passing of title to a decedent's property—and determines who shall take intestate property. In the United States, such law is derived from the Civil La...
The terms heirs, next of kin, and distributees usually refer to the persons who by operation of law—the application of the established rules of law—inherit or succeed to the property of a person intestate on his or her death. Statutes generally confer rights of inheritance only on blood relatives, adopted children, adoptive parents, and the survivi...
If at the time of death, the intestate's estate is located in the state of his or her domicile or permanent residence, the law of that state will govern its descent and distribution. Local laws that govern the area where the property is located generally determine the descent of real property, such as land, houses, and farms, regardless of the domi...
As a general rule, property subject to descent and distribution includes all vested rights and interests owned by the deceased at the time of death. However, rights or interests that are personal to the deceased, and not of an inheritable nature, ordinarily are not subject to descent and distribution. Examples are a personal right to use land or a ...
Representation is the principle of law by which the children, or their descendants, of an heir to an estate, who dies without leaving a will, have a collective interest in the intestate's share of the property. Taking by representation means taking per stirpes. For example, Robert, who only has two daughters, Ellen and Pam, dies intestate, leaving ...
The term kindred of the half bloodrefers to persons who share a half blood relationship with the intestate because they have only one parent in common with each other. As a general rule, kindred of the half blood inherit equally with kindred of the whole blood who have the same parents, unless expressly prohibited by statute. For example, A and B s...
The law of forced heirship gave certain relatives, besides the spouse, an absolute legal right, of which they could not be deprived by will or gift, to inherit a certain portion of the decedent's estate. Ordinarily, a person has no right to prevent another from disposing of his or her property by gift or will to someone else. The law of forced heir...
In some jurisdictions, statutes permit a person, the designator, to name another to stand in his or her place as an heir at law in the event of his or her death. Anyone can be a designated heir, even a stranger to the designator. The statute does not grant a designated heir any status until the designation becomes effective on the death of the desi...
Subject to the rights of the surviving spouse, children have superior inheritance rights compared to those of other blood relatives. In many jurisdictions, the same principle applies to adopted children of the intestate. Once the debts of the estate have been paid and the surviving spouse has taken his or her legal share, the remainder of the estat...
Some statutes permit one or both parents of the intestate to inherit, to some extent, the property of a child leaving no issue or descendants subject to the rights of a surviving spouse. Provisions differ as to whether one or both parents take, whether they take exclusively or share with brothers and sisters, and as to the extent of the share taken...
Jul 13, 2023 · Here is a simple definition of “descendant” from a trust document: “References in this Trust Agreement to a person's "children," "grandchildren," and other "descendants" shall refer ...
- Martin Shenkman
Definition & Citations: One who Is descended from another; a person who proceeds from the body of another, such as a child, grandchild, etc., to the remotest degree. The terms the opposite of “ascendant,” (?. v.)Descendants is a good term of description in a will, and includes all who proceed from the body of the person named; as ...
Moreover, the legal definition of descendants is relevant in various family law matters. It can impact issues such as child custody, adoption, and even determining next of kin in certain situations. By familiarizing yourself with this definition, you can navigate these legal matters more effectively and make informed decisions.
