Which statement about adopted children and class gifts is true?

Study for the New York Law Course Exam. Engage with comprehensive questions, insightful explanations, and user-friendly flashcards. Perfect your knowledge and ace the NYLC!

Multiple Choice

Which statement about adopted children and class gifts is true?

Explanation:
Adopted children are included in the definition of issue. In inheritance terms, “issue” means lineal descendants, and in modern practice that includes adopted children because adoption creates a legal parent-child relationship that places the adoptee in the same line of descent as biological children for purposes of gifts and inheritance. So a class gift phrased to go to the testator’s issue will cover adopted children unless the instrument says something explicit to restrict to blood descendants (for example, by stating “blood issue only”). This is why the statement about adopted children being included is true. The other options imply exclusions or special naming requirements that aren’t the default interpretation when “issue” is used.

Adopted children are included in the definition of issue. In inheritance terms, “issue” means lineal descendants, and in modern practice that includes adopted children because adoption creates a legal parent-child relationship that places the adoptee in the same line of descent as biological children for purposes of gifts and inheritance. So a class gift phrased to go to the testator’s issue will cover adopted children unless the instrument says something explicit to restrict to blood descendants (for example, by stating “blood issue only”). This is why the statement about adopted children being included is true. The other options imply exclusions or special naming requirements that aren’t the default interpretation when “issue” is used.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy