Definitions of Children and Descendants: Construing and Drafting Wills and Trust Documents

Focuses on the definitions of children and descendants in estate planning documents. Specifically, discusses the importance of providing a personalized definition in estate planning documents. Begins with an examination of the principles used to interpret language in a will or trust document. Next, describes current intestacy statues and examines the recent amendments to the definitions of parent and child in the Uniform Probate Code (UPC). Additionally, reviews cases from Illinois and New York where parties asked courts to construe the term descendant in the face of changes in generally accepted meanings and changes in legal rules. Concludes with an examination of the questions estate planning lawyers should ask their clients based on the issues raised in the article, and discusses ways that drafting can carry out the wishes of testators and settlors.