Legal Definitions - indefinite failure of issue

Indefinite failure of issue is a legal term, primarily found in wills, trusts, and property deeds, that describes a condition where a person's direct lineal descendants (children, grandchildren, great-grandchildren, and so on) eventually cease to exist at any point in time in the future. It refers to the ultimate extinction of a family line, rather than just whether a person has descendants at a specific moment (like their death).

When a legal document uses the phrase "indefinite failure of issue," it means that a particular right, property transfer, or condition will only be met if and when that person's entire lineage eventually dies out, no matter how many generations it takes. This concept is distinct from "definite failure of issue," which typically refers to the absence of descendants at a specific, ascertainable time, such as the death of the named individual.

Here are some examples to illustrate this concept:

• Example 1: Conditional Inheritance in a Will

  A will states: "I leave my family's antique clock collection to my daughter, Emily, and her issue. If there is an indefinite failure of issue from Emily, then the collection shall pass to the local historical museum."

  Explanation: This means the historical museum would only inherit the antique clocks if Emily's entire direct family line (her children, grandchildren, great-grandchildren, and so forth) eventually dies out, regardless of how many generations pass. It's not just about Emily having no children when she dies, but about her entire lineage ultimately becoming extinct at some future point.

• Example 2: Trust for a Family Line

  A wealthy individual establishes a trust, stipulating: "The income from this trust shall be paid to my nephew, David, and his issue for as long as his line continues. Upon an indefinite failure of issue from David, the trust principal shall be distributed to the university where I studied."

  Explanation: In this scenario, the university would only receive the trust's principal if David's entire line of descendants (children, grandchildren, etc.) eventually comes to an end, whenever that may occur. As long as there is at least one living descendant of David, the trust continues to benefit that lineage.

• Example 3: Property Deed with a Reverter Clause

  A deed for a large tract of land specifies: "This land is granted to the Chen family, so long as there is issue of John Chen. Upon an indefinite failure of issue from John Chen, the land shall revert to the original grantor's heirs."

  Explanation: This clause means the Chen family (through John's descendants) can hold the land indefinitely. However, if John Chen's entire direct lineage eventually dies out, the land would automatically return to the heirs of the person who originally granted it. The condition isn't just about John's immediate children but the ultimate end of his family line over time.