The Issue With ‘Issue' – Difficulties Arising With Potential Distinctions Between Children Born Inside And Outside Marriage

The position of illegitimate versus legitimate children is often considered consigned to history but for those dealing with trusts on a day-to-day basis, the distinction may remain a live issue.

This is illustrated by a recent Californian case. Hollywood financier Steve Bing died in 2020, leaving two illegitimate children, Kira and Damian.  Steve's father, Peter Bing, had established a number of trusts for the benefit of future grandchildren in 1980.

Prior to Steve's death, some litigation had been concluded in respect of these trusts. The dispute focused on the meaning of the word ''grandchild'' as used in the trust instruments. The Trustee had taken the view, supported by legal advice, that ''grandchild'' did not include grandchildren born out of wedlock who had not lived as a regular member of the household of their natural parent whilst minors. Steve had not lived with his children as regular members of his household and hence the Trustee had come to that