Legal Definitions - descendant

A descendant is an individual who traces their lineage directly downwards from another person. This includes biological children, grandchildren, and all subsequent generations in a direct line. In legal contexts, the term often extends to legally adopted children and their direct offspring, as they are typically considered to have the same legal standing as biological descendants.

It is important to note that stepchildren, foster children, or other relatives who are not in a direct biological or legally adopted line are generally not considered descendants unless explicitly stated otherwise in a legal document.

Here are some examples to illustrate the concept of a descendant:

• Estate Planning: When Eleanor drafts her will, she specifies that her entire estate should be divided equally among her living descendants. This means Eleanor's biological daughter, her legally adopted son, and their respective children (Eleanor's grandchildren) would all be eligible to inherit. However, Eleanor's beloved niece or her stepdaughter, even if she raised them, would not be considered descendants under this provision unless specifically named elsewhere in the will.

• Trust Fund for Education: A wealthy philanthropist establishes a perpetual trust fund to provide scholarships for the higher education of his descendants. This trust would benefit not only his immediate children and grandchildren but also future generations, such as his great-great-grandchildren, as long as they are in his direct biological or legally adopted lineage. The fund would not, however, be available to the children of his siblings (nieces and nephews) or his step-grandchildren.

• Intestacy Laws: When David passes away without a will, state law dictates that his assets pass to his descendants. In this situation, David's two biological children and his one legally adopted child would inherit his property. If one of his children had already passed away but left behind their own children (David's grandchildren), those grandchildren would typically inherit their parent's share as David's direct descendants. David's parents or siblings would not inherit unless he had no descendants.