It will have blood, they say; blood will have blood.

~William Shakespeare~

Court rules the phrase “descendants by blood” is a legal term of art, not a scientific one.

Court’s are often called upon to interpret ambiguous language contained in wills, trusts and other legal instruments.  Recently, I was curious to read that a court was called upon to give meaning to the phrase “descendants by blood” in Doe v. Doe, 34 Fla.L.Weekly D1819c (Fla 2^nd DCA February 4, 2009).  I had presumed its meaning was clear, however, when I read the opinion issued by this court, it appears that it was necessary for an interpretation given the recent advances in technology, especially in the area of genetic testing.

The facts of Doe are uncomplicated.  Chester Jr. and Eleanor, his wife, executed mutual revocable trust agreements.   Each trust provided for a class gift to the settlor’s grandchildren.  One of the grandchildren was Catherine, who was the daughter of Chester III by virtue of his name appearing on her birth certificate and a court order entered in the domestic relations division following Chester III’s divorce with Catherine’s mother. (more…)

… and the winner is Will Contest.

It is not uncommon for a couple to welcome a child into their home and treat it as a family member without ever legally adopting the child. When the situation is brought to the court’s attention, usually through some probate proceedings, courts sometimes employ the doctrine of “virtual adoption.” This doctrine allows the child or another party the same rights the party would have had if a legal adoption had taken place. (more…)