Children

noun
In a Nutshell

Legal term for offspring, relevant to inheritance and estate planning.

PLAIN ENGLISH

When legal documents refer to "children," they're usually talking about biological and adopted children. The definition seems obvious, but it matters enormously in wills and inheritance because different relationships might or might not be included.

Adopted children are legally the same as biological children for inheritance purposes in most places. Stepchildren typically aren't included unless specifically named. Foster children, children born through surrogacy, and other relationships depend on jurisdiction and specific legal determinations.

The term "issue" often replaces "children" in legal documents because it's broader, including children, grandchildren, and all descendants. When a will says "to my children," it means just your children. "To my issue" includes children and all future generations.

⏱ When you'll encounter this term

The definition of children becomes critical when someone dies without naming specific people in their will, or when they die without a will at all. Intestacy laws direct assets "to children," so determining exactly who qualifies matters enormously.

Modern families complicate the definition. Blended families, assisted reproduction, children born after death, and various legal relationships mean "children" isn't always straightforward. Courts sometimes need to determine whether particular individuals qualify under the legal definition.

You'll encounter this term throughout estate planning documents. Many people write wills saying "to my children" without naming them specifically, assuming it's clear who that means. Better practice is naming children specifically and addressing how future children or complex family relationships should be handled.

**Related terms:** [Issue](/dictionary/issue), [Descendants](/dictionary/descendants), [Beneficiary](/dictionary/beneficiary)

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EXAMPLE

"My will leaves everything 'to my children in equal shares.' That includes my two biological sons and my adopted daughter, but not my stepson unless I specifically name him."