fertile-octogenarian rule
An unrealistic legal fiction that any living person (male or female) is capable of having a child. In estate planning, this rule could defeat the intentions of a person leaving property to others. For example, if property could not pass to one's child as long as he or she might acquire a sibling, then the child would have to wait until both parents died, unnecessarily tying up the property. Most states have passed laws to cure this anomaly.
Category: Wills, Trusts & Estates → Wills

Nolo’s Plain-English Law Dictionary. . 2009.

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