The meaning of ‘children’ in Private Client
The meaning of ‘children’ in Private Client

The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:

  • The meaning of ‘children’ in Private Client
  • Meaning of children, issue and descendants in drafting Wills and trusts
  • ‘Children’ in family provision claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • ‘Children’ in intestacy
  • Impact of private international law
  • Changes to gender and gender recognition
  • Children born through surrogacy
  • Children born through assisted reproduction techniques
  • Use of DNA testing to establish parentage

The meaning of words commonly found in Private Client drafting and legislation which are intended to refer to children can differ depending on the context. This Practice Note sets outs the meaning of commonly encountered references to children in Private Client work.

Meaning of children, issue and descendants in drafting Wills and trusts

Children

‘Children’ generally means the first generation of legitimate descendants, and not grandchildren or remoter descendants. ‘Children’ will always at least include all children born before the death of the testator (Goodwyn v Goodwyn (1748) 1 Ves. Sen. 226 (not reported by LexisNexis®)).

In the case of dispositions made on or after 1 January 1970, illegitima