Legal Definitions - dying without issue

Definition: Dying without issue means that a person has passed away without any surviving children or other descendants who are eligible to inherit the person's estate. It is also known as failure of issue or default of issue.

For example, if a person dies without any children or grandchildren, they are said to have died without issue. In this case, their estate would be distributed according to the laws of intestacy, which determine how property is distributed when someone dies without a will.

The term "indefinite failure of issue" refers to a legal interpretation that was used in England, where a gift to "A and his heirs, but if A shall die without issue, to B and his heirs" meant that if A's line of descent ever came to an end, the property would go to B. However, most jurisdictions in the United States use the "definite failure of issue" interpretation, which means that the gift to B only takes effect if A has no surviving children or grandchildren at the time of their death.

Example: John passed away without any children or grandchildren. He died without issue, and his estate was distributed according to the laws of intestacy.

Explanation: John's death without issue means that he had no surviving descendants who were eligible to inherit his estate. As a result, his property was distributed according to the laws of intestacy, which typically prioritize spouses, children, and other close relatives.