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Simple English definitions for legal terms
definite failure of issue
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A quick definition of definite failure of issue:
Definite failure of issue means that when a person dies, if they have no children or other descendants who can inherit their property, it is called a definite failure of issue. This is also known as dying without issue or default of issue. In simple terms, it means that if someone doesn't have any children or grandchildren when they die, their property will go to someone else. This is different from indefinite failure of issue, which means that the property will go to someone else if the person's line of descendants ever comes to an end in the future. Most places use the definite failure of issue rule because it makes more sense.
A more thorough explanation:
Definition: Definite failure of issue refers to the fact of a person's dying without any surviving children or other descendants who are eligible to inherit the person's estate. It is also known as dying without issue or default of issue.
For example, if a person dies without any children or grandchildren, then there is a definite failure of issue. In this case, the person's estate would be distributed according to their will or the laws of intestacy.
The term "definite failure of issue" is often used in the context of legal disputes over the interpretation of wills or trusts. In some cases, a gift may be made to a person and their heirs, but with a provision that if the person dies without issue, the gift will go to someone else. The meaning of "die without issue" can be ambiguous, and courts may need to determine whether it refers to a failure of issue at the time of the person's death or at any time in the future.
Overall, definite failure of issue is an important concept in estate planning and inheritance law, as it can have a significant impact on how a person's assets are distributed after their death.