In regards to a No Contest Clause in my trust, what does this line mean: Any and all gifts or property that otherwise would have gone to these persons shall be forfeited and pass as if these persons had predeceased me without leaving living issue. What does without leaving living issue mean?
In the context of a no-contest clause, it means that if a beneficiary challenges the trust, that beneficiary (and his/her issue) will be treated as having predeceased the deceased. This will have the effect that the beneficiary will not inherit anything, nor will his issue (children, grandchildren, etc.).
I hope that helps.
The answers given are for general information only, and should not be construed to be formal legal advice nor the formation of an attorney-client relationship. In order to assist you, I will first need to talk with you in person, get a proper understanding of your situation, and enter into a formal attorney-client relationship in writing.
"Any and all gifts or property that otherwise would have gone to these persons shall be forfeited and pass as if these persons had predeceased me without leaving living issue"
This means as if these persons had no children, grandchildren, or other lineal descendants.
It is meant to state that neither you, nor any of your descendants (issue), are to receive anything - in the context of a no-contest clause it likely states that if you challenge the validity of the trust neither you nor any of your descendants are to get a penny. Most no-contest clauses are meant to deter challenges to the VALIDITY of the trust or will, it usually does not mean a beneficiary cannot ask questions about the actions of the fiduciary (ie trustee). In other words you are being deterring from arguing the Grantor was not of sound mind or was being coerced.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature.
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