Failure Of Issue Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Failure Of Issue, written in plain English, along with examples of how it is used.

What is Failure Of Issue?

n. Someone who dies and does not leave any children or other direct descendants.

History and Meaning of Failure of Issue

The term "Failure of Issue" is a legal term that refers to an individual who dies without leaving any direct descendants, such as children or grandchildren. The primary purpose of the term is to determine who is entitled to inherit the deceased person's property in the absence of direct descendants. If no heirs can be identified, then the deceased person's property will pass to their family members, typically parents, siblings or cousins, depending on the jurisdiction.

Examples of Failure of Issue

  1. John died without any children or grandchildren, and he did not leave a will. In this case, the law of intestacy will apply, and his estate will pass to his siblings, as his parents have already passed away.

  2. Mary died without any direct descendants, but she had a will that left her estate to her best friend. However, if her friend passes away before Mary, then Mary's estate will pass to her next of kin under the laws of intestacy.

  3. Harry died without any children or surviving siblings. In this case, his estate would pass to his grandparents, if they were still alive. If his grandparents had already passed away, then his estate would pass to his aunts and uncles.

Legal Terms Similar to Failure of Issue

  1. Heir: A person legally entitled to inherit a deceased person's property under the laws of intestacy or a valid will.

  2. Next of Kin: A person's closest living relatives, usually determined by blood relationships, who are entitled to inherit the deceased person's property under the laws of intestacy.

  3. Descendants: A person's children, grandchildren, great-grandchildren, and all other direct lineal descendants.

  4. Per Stirpes: A legal term used to distribute property to the descendants of a deceased person, where each branch of the family receives an equal share of the property.