A question of law or law is a question of law that forms the basis of a case. A judicial decision is required. It may also relate to a point on which the evidence is not disputed, the outcome of which depends on the interpretation of the law by the Tribunal. « Children » and « descendants » consist of dividing family relationships into certain groups in order to pass on an inheritance in a will. It is also the number of descendants who have the right to accept or participate in the inheritance. A settlor also has the option of broadening or narrowing the definition of the problem to ensure that the trustee`s estate planning documents adequately reflect the trustee`s wishes. For example, a grantor may wish to include adopted persons who were under a certain age at the time of adoption, or may include stepchildren. (You can also exclude certain people.) Despite the fact that DNA tests on one of the children showed that she was unlikely to be the biological child of the deceased son, the court ruled that children were the « problem » of the deceased son. The court took into account the fact that the deceased son had raised both children as his own and had recognized them as his children. Often, an estate planning lawyer will ensure that a legacy goes to a beneficiary`s « problem » if that beneficiary does not survive. It is also important to remember that the term « expense » is also used for the purposes of statutory succession and statutes of limitation.

In the case of bonds or serial bonds, the date of issue is the date fixed as the starting point of the period for which they run, without reference to a specific date on which the bonds are to be sold and delivered. Only in the case of debt securities will bonds be issued to the buyer at the time of delivery. The term question is often found in the provisions of a document. In testamentary matters, the meaning of the question derives from the intention of the testator, a will. The will results from the provisions of the will. Problem is a technical legal term that refers to all descendants of a person in the direct line, including, but not limited to, their children. This difference is important when interpreting distribution and substitution clauses in wills. The Supreme Court of British Columbia was recently asked to interpret the meaning of the word « expense, » which is often used in wills to make gifts to subsequent generations of beneficiaries when a designated beneficiary dies (Barnes Estate v. Barnes 2013 BCSC 1848). In this case, the will provided that the remainder of the testar`s estate was to be divided equally between her two sons. If a son died before the author of the will, the gift must be given « in equal parts per stirpes » to the « edition » of the deceased son.

Both sons died before the will, leaving behind children who survived them. A son was predeceased, leaving behind two children who, according to the executor, were not beneficiaries because the children were not the biological children of the deceased son. The executor argued that they were therefore not the « problem » of the deceased son. The value of the estate was $224,000.00. Leaving a gift for « my children » in a situation where there are adopted children, illegitimate children or stepchildren could lead to problems and a potential claim where it is not clear who is (or is not) included in the meaning of the testamentary author of « my children ». The Court considered the dictionary definitions of « problem » which focused on straight-line descendants, and then stated that « these authorities are not determinative in the matter » (para. 41). The court found that the meaning of the word « problem » was unclear and unambiguous, and instead sought evidence of the family`s treatment of the two individuals in question. EDITION, pleading. A point of contention is defined in procedural documents as a single, certain and essential point arising from the parties` allegations and generally consisting of a positive and a negative point.

In everyday language, question also means the registration of pleadings. 1 puppy. Pl. 630. 2. Questions are essential if they are correctly formulated on a substantive point which resolves the disputed issue between the parties; and irrelevant if it is based on an intangible fact which, although established by the judgment, will not determine the merits of the case and would leave the court perplexed as to how it should decide. 2 Saund. 319, No. 6. 3. The questions are equally divided into legal and factual questions. 1.

A point of law admits all the facts and is simply based on a point of law. It is said to consist of a single point, but it must be understood that such a question necessarily concerns only one rule or one principle of law, or that it calls into question only the legal sufficiency of a single fact. It is understood that such a question reduces the whole controversy to the question of whether the facts admitted by the question are legally sufficient to maintain the action or defence of the party who invoked it. 2. A question is indeed a question on which the parties disagree on its existence, one asserts its existence and the other denies it. At common law, any fact, with a few exceptions mentioned below, must consist of a direct positive statement on the one hand and a direct negation on the other. Co. Litt. 126, a; Ferry. From. Pleas in law, &c.

G 1; 5 animals. 149; 2 Black. R. 1312; 8 R. T. 278. However, it held that if the respondent claimed that he was born in France and the plaintiff replied that he was born in England, that was sufficient to formulate a good question. 1 Wils. 6; 2, rue 1177.

In this case, there were two affirmatives, and the reason why the question was declared good is that the second affirmative is so opposed to the first that the first can in no way be true. The above exceptions to the rule that a direct affirmative and a direct negative are required are as follows: 1. The general question of a court decision is formed by two affirmatives: the plaintiff claims, on the one hand, that he has a higher right than that of the tenant; and on the other hand, that the tenant has a higher right than the plaintiff. This problem is called Mise. (S. A.) Lawes, pl. 232; 3 puppy. Pl. 652: 3 Bl. Com. 195, 305.

2d. In an action for dowry, the court requires only the third part of the acre of land, &c., as the dowry of the plaintiff of the foundation of A B, formerly the husband, &c., and the general issue is that A B was not seized of such an estate, &c., and that he could not bury the applicant, &c. 2 Saund. 329, 330. This kind of negation, rather than being direct, is merely argumentative, and argumentative is generally not allowed in pleading. 4. The problems are indeed divided into general problems, special problems and general problems. 5. The general question directly denies the explanation as a whole; as in personal actions in which the defendant pleads zero debit that he owes nothing to the plaintiff; or guilty of not being guilty of the facts alleged in the statement; or in real acts in which the defendant invokes a misdemeanour, a misdemeanour, a misdemeanour.