Legal Definition
(a) Subject to subdivision (b), if a transferee is dead when the instrument is executed, or fails or is treated as failing to survive the transferor or until a future time required by the instrument, the issue of the deceased transferee take in the transferee’s place in the manner provided in Section 240. A transferee under a class gift shall be a transferee for the purpose of this subdivision unless the transferee’s death occurred before the execution of the instrument and that fact was known to the transferor when the instrument was executed.
(b) The issue of a deceased transferee do not take in the transferee’s place if the instrument expresses a contrary intention or a substitute disposition. A requirement that the initial transferee survive the transferor or survive for a specified period of time after the death of the transferor constitutes a contrary intention. A requirement that the initial transferee survive until a future time that is related to the probate of the transferor’s will or administration of the estate of the transferor constitutes a contrary intention.
(c) As used in this section, “transferee” means a person who is kindred of the transferor or kindred of a surviving, deceased, or former spouse of the transferor, but does not mean a spouse of the transferor.
Basic Definition
Section 21110: This section governs the transfer of a deceased transferee’s share to their issue unless a contrary intention is expressed in the instrument.
In-Depth Overview and Use Cases
Section 21110 applies to cases where a beneficiary (transferee) predeceases the transferor. Under this section, the issue of the deceased transferee can inherit the share unless the transferor explicitly stated otherwise. For example, in cases involving class gifts, such as leaving assets to “children,” this section ensures the inclusion of the deceased child’s descendants. Specific use cases include situations where wills or trusts must be interpreted to address unforeseen beneficiary deaths, ensuring the decedent’s intent is honored.
Application & Relevance
This section is fundamental in probate litigation when interpreting instruments with ambiguities about the inheritance rights of descendants. It provides clarity and predictability in cases involving predeceased beneficiaries and their issue. Attorneys frequently use this section to argue for or against the inclusion of certain heirs based on the instrument’s language and the transferor’s intent.
Legal Scenario
Trust Disputes
Probate Code Impact
Section 21110 applies when a beneficiary has predeceased the decedent, outlining the inheritance rights of the deceased’s issue (descendants). In trust disputes, this section clarifies how the estate should be distributed if the primary beneficiary is no longer alive. For example, children of a deceased beneficiary may inherit the share intended for their parent.
Legal Scenario
Inheritance Disputes & Theft
Probate Code Impact
In inheritance disputes, Section 21110 ensures that descendants of a predeceased beneficiary receive the inheritance intended for them, preventing theft or misappropriation of an inheritance. It provides clarity in cases where heirs challenge the estate distribution, asserting that they should inherit their parent’s share.
