Leaving a gift to “deliver” it in a will can therefore lead to different results as to who inherits than leaving it only to the “children”. A person`s “descendants” are all his or her direct line descendants from all generations, with the parent-child ratio in each generation determined by the definitions of child and parent. Often, different parties have contradictory factual statements. [5] These statements are then presented as alternative issues. Justifications are presented by proposing evidence for or against. Formally, the themes follow the form “This statement is true and it is true because. (or it`s wrong because). “. In trust and estate law, an issue is a direct descendant of an individual. For example, a person`s grandchild is considered a problem.

Lawyers in these fields often have to determine all the life issues of a deceased person. Determining all life issues is especially important in cases where a person has died without a will. In these situations, the deceased`s property passes in accordance with the legal law of the State. A question of law or law is a question of law that forms the basis of a case. A judicial decision is required. It may also relate to a point on which the evidence is not disputed, the outcome of which depends on the interpretation of the law by the Tribunal. Often, an estate planning lawyer will ensure that a legacy goes to a beneficiary`s “problem” if that beneficiary does not survive. It is also important to remember that the term “expense” is also used for the purposes of statutory succession and statutes of limitation.

Problem is a technical legal term that refers to all descendants of a person in the direct line, including, but not limited to, their children. This difference is important when interpreting distribution and substitution clauses in wills. PROBLEM, related. This term is very broad in its broadest sense and includes all people descended from a common ancestor. 17 ves. 481; 19. Ves. 547; 3 ves. 257; 1 ROP. Leg. 88 and see Wilmot`s Notes, 314, 321. However, when this word is used in a will to give effect to the testator`s will, it is interpreted in a narrower sense than its legal meaning conveys.

7 ves. 522; 19 Ves. 73; 1 ROP. Leg. 90. Empty tray. From. Curtesy of England, D; 8 Com. Dig. 473; and Article Legacy, II. Paragraph 4.

Be careful when using the words “children” and “expense” in a will and seek professional advice. In the past, the term legal production was used to describe children born to married parents while excluding these illegitimate children. However, the term now refers to all subjects (see above), regardless of the marital status of the parents. When a question of fact arises, the court or jury must consider and weigh the weight of the evidence in order to make a decision. A question of law thus exists as the basis for summary judgment requested by a litigant if the court can draw only one conclusion from the undisputed evidence, such that it is not necessary to deliberate before the jury. In the case of bonds or serial bonds, the date of issue is the date fixed as the starting point of the period for which they run, without reference to a specific date on which the bonds are to be sold and delivered. Only in the case of debt securities will bonds be issued to the buyer at the time of delivery. “Children” and “descendants” consist of dividing family relationships into certain groups in order to pass on an inheritance in a will. It is also the number of descendants who have the right to accept or participate in the inheritance. The list of problems is the list of questions that the parties ask the court to answer. The court`s responses must normally be submitted by a legally acceptable date, and the court must give reasons for its decision not to respond to any of them. Plaintiffs and defendants sometimes do not present their problems in accordance with these due process requirements.

It is then the court that decides on the probable factual allegations and assumes what requires legal answers. Since a person`s “problem” is one with the same lineage, stepchildren are generally excluded unless they are specifically named for inclusion. More information on the inheritance rights of illegitimate or legitimate children can be found here. In the securities context, the issue relates to a class or series of securities offered for sale at the same time. The term question is often found in the provisions of a document. In testamentary matters, the meaning of the question derives from the intention of the testator, a will. The will results from the provisions of the will. Generally speaking, the term “problem” refers to the direct descendants of a person. See also: “My problem” – given the importance of the subject in wills, language can be confusing.

Words like “problem” and “children” may be viewed in some ways by some, but interpreted differently by others, see infographic. These words have the potential to evoke different interpretations and results. The danger is that these differences and their possible consequences do not appear until after the will has left, leaving the question of what the deceased really meant. This is the meaning of the question in wills. There are questions of fact as well as civil and criminal proceedings. Questions of fact are represented by findings of fact, each of which is tested: is the assertion true or false? [4] As mentioned earlier, “problem” means all your descendants in a straight line, including your children (see chart below). In the inheritance laws of States and Territories, the term “problem” appears in provisions relating to the interpretation of wills and inheritances, as well as in some property laws. In legal usage, a “problem” means a point that is disputed by the parties to a lawsuit. [1] Legal issues may also concern either the descendants of a person in the direct line or a group of securities offered for sale.

[2] A question of law is a question of law enforcement, not a question of fact. [3] 1) n. Children of a person or other direct descendants such as grandchildren and great-grandchildren. This does not mean all heirs, but only the direct lineage. Sometimes it is difficult to determine whether a will or deed intended to include descendants beyond one`s immediate children arises. As long as a child or children are alive, the problem is only for them, but if they are deceased, it applies to the next living generation, unless there is language in the document that shows that it does not explicitly apply to them. 2) n. Any dispute in a controversy or legal dispute that is very commonly used in phrases such as “legal issues are”, “which are questions of fact”, “It is up to the judge to decide” or “Please, defence counsel, let us know on which issues you have agreed”. 3) v. send, distribute, publish or make the original distribution, e.g. a company that sells and distributes shares to its original investors. (4) n.

shares or bonds of a company that have been sold and distributed. Leaving a gift – a gift is given to the “A” issue – means that all of A`s children, grandchildren are eligible to participate in that gift, and so on. With regard to the law of succession, the topic refers to all legal and direct descendants of the ancestor. Offspring is the one that is the problem of an individual, such as children, grandchildren and their children, to the farthest degree. The offspring are those who are in an individual`s descending birth line and not in an ascending line, as for the individual`s parents. It is usually necessary to determine who a person`s problem is to determine who is entitled to participate in the estate of a person who dies without a will. Parentage and state distribution laws, which vary from state to state, require that the surviving spouse and/or descendants share the estate of the deceased. Often, the testator`s parents do not divide the estate unless there are no descendants or surviving spouses. Be careful when using the words “children” and “problem” and seek professional legal advice. You have to be careful with the choice of words in order to get flexibility and intentions. Check that the terms and language in your will say what you want to say without raising possible questions of interpretation and the possibility of correction by the court – if any. EDITION, pleading.

A point of contention is defined in procedural documents as a single, certain and essential point arising from the parties` allegations and generally consisting of a positive and a negative point. In everyday language, question also means the registration of pleadings. 1 puppy. Pl. 630. 2. Questions are essential if they are properly formulated on a substantive point that resolves the disputed issue between the parties; and irrelevant if it is based on an intangible fact which, although established by the judgment, will not determine the merits of the case and would leave the court perplexed as to how it should decide. 2 Saund.

319, No. 6. 3. The questions are equally divided into legal and factual questions. 1. A point of law admits all the facts and is simply based on a point of law. It is said to consist of a single point, but it must be understood that such a question necessarily concerns only one rule or one principle of law, or that it calls into question only the legal sufficiency of a single fact.