Legal Definitions - dying without issue

The legal term dying without issue refers to a situation where an individual passes away without leaving any direct descendants. In legal contexts, "issue" specifically means children, grandchildren, great-grandchildren, and so forth. This term is particularly relevant in wills, trusts, and inheritance law, as the presence or absence of direct descendants often determines how an estate or property is distributed.

• Example 1: Conditional Bequest in a Will
  Imagine a will drafted by Mr. Thompson that states, "I leave my vacation home to my son, Michael. However, if Michael dies without issue, the vacation home shall instead pass to my sister, Eleanor."

  Explanation: In this scenario, if Michael passes away and has no living children, grandchildren, or any other direct descendants at the time of his death, he is considered to have "died without issue." As a result, the condition in Mr. Thompson's will would be met, and the vacation home would then be inherited by Eleanor. If Michael had even one child who survived him, he would not have died "without issue," and the property would typically pass to his child(ren) or according to his own will.

• Example 2: Intestate Succession (Dying Without a Will)
  Consider Ms. Rodriguez, who passes away unexpectedly without having created a will. She is not married and her parents have already passed away. She has no children or grandchildren, but she does have a living brother and several nieces and nephews.

  Explanation: Since Ms. Rodriguez had no direct descendants (children, grandchildren, etc.), she "died without issue." Under the intestacy laws (laws governing inheritance when there is no will) in most jurisdictions, if there are no direct descendants, the estate typically passes to other close relatives. In this case, her brother would likely inherit her estate, or a portion of it, before her nieces and nephews, because she died without any "issue" to inherit first.