Legal Definitions - descendibility of future interests

Descendibility of future interests refers to the legal principle that a person's right to receive property in the future can be passed down to their heirs if that person dies before they actually take possession of the property. Even though the property isn't yet in their hands, the expectation or right to receive it can become part of their estate and be inherited.

Here are some examples illustrating this concept:

• Example 1: A Farm Left in a Will
  Imagine a will that states: "I leave my farm to my daughter, Eleanor, for her lifetime. After Eleanor dies, the farm shall go to my grandson, Michael." Michael has a "future interest" in the farm, specifically a remainder interest, meaning he is set to receive it after Eleanor's death. If Michael dies before Eleanor, the question arises: does Michael's right to eventually own the farm pass to his children (the great-grandchildren)? If Michael's future interest is descendible, then his children would legally inherit his right to receive the farm after Eleanor's passing, even though Michael himself never took possession.

• Example 2: Funds in a Trust
  Consider a trust established by a wealthy aunt. The trust specifies that her nephew, David, will receive income from the trust until he turns 35. The trust further states that if David dies before reaching 35, the remaining principal of the trust should then go to his sister, Lisa. Lisa has an "executory interest" – a future right to the trust principal, contingent on David's death before his 35th birthday. If Lisa dies before David turns 35 (and before David himself dies), can Lisa's children inherit her potential right to receive the trust principal? If Lisa's future interest is descendible, then her children would step into her place and receive the principal if David dies before reaching 35.