The presumption-of-fertility rule is a legal principle that assumes every person is capable of having children until their death. Specifically, it holds that a woman is presumed to be able to conceive as long as she is alive. This rule emerged from the English case Jee v. Audley, which established the notion that fertility is presumed unless proven otherwise.
This rule is primarily relevant in the context of estate planning and the rule against perpetuities, which governs how long certain legal interests can last. It is often applied in family law and probate cases, where the potential for future heirs may affect the distribution of an estate. Users can manage related legal matters using templates from US Legal Forms, which offer forms and guidance for estate planning and family law issues.
Here are a couple of examples of abatement:
Example 1: In an estate plan, a deceased individual left their property to their children, presuming that any living woman in the family could still have children, thereby potentially impacting the inheritance of future grandchildren.
Example 2: A will specifies that a trust will remain active until the last descendant of a living person is no longer able to have children, relying on the presumption-of-fertility rule. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Application of Rule |
|---|---|
| California | Generally follows the presumption-of-fertility rule. |
| New York | Similar application, with specific estate planning guidelines. |
| Texas | Adheres to the same principles, with some variations in estate law. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Fertile-octogenarian rule | Similar presumption of fertility for older individuals. | Specifically addresses older individuals, while the presumption-of-fertility rule applies to all living persons. |
| Rule against perpetuities | A legal doctrine that limits the duration of certain interests in property. | The presumption-of-fertility rule is a component of this broader legal concept. |
If you are dealing with estate planning or family law matters where the presumption-of-fertility rule is relevant, consider the following steps:
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It is a legal assumption that all living individuals are capable of having children until they die.