Legal Definitions - lawful issue

The term lawful issue refers to all of an individual's direct lineal descendants who are legally recognized as such. This includes children, grandchildren, great-grandchildren, and so forth, whether they are biological or legally adopted.

Historically, "lawful issue" was often used to distinguish between children born within a marriage (considered legitimate) and those born outside of marriage. However, in modern law, this distinction has largely been abolished. Today, the term encompasses all lineal descendants, regardless of their parents' marital status, as long as their parentage is legally established. It also typically includes legally adopted children, who are treated the same as biological children for most legal purposes, especially concerning inheritance and trust distributions.

Here are some examples illustrating the application of "lawful issue":

• Inheritance Without a Will: Imagine Mr. Henderson passes away without leaving a will. He has two biological children and one child he legally adopted when she was a toddler. According to state intestacy laws (laws governing inheritance when there is no will), his estate must be distributed among his direct descendants. In this scenario, all three children—the two biological and the one adopted—would be considered his lawful issue and would share equally in his estate, as the law treats adopted children the same as biological children for inheritance purposes.

• Trust Fund Distribution: Mrs. Albright established a trust fund for her grandchildren, specifying that the principal should be distributed "to my lawful issue, per stirpes" (meaning by branch of the family) upon the youngest grandchild reaching 21 years old. Her son, David, has two biological children and later had a child with a partner whom he never married. All three of David's children, regardless of his marital status with their mothers, would be considered Mrs. Albright's lawful issue and would be eligible beneficiaries of the trust, provided their parentage to David is legally established.

• Life Insurance Beneficiary Designation: A person names "my lawful issue" as the beneficiaries of their life insurance policy. Years later, they have a child with a new partner, but they do not marry. Upon the policyholder's death, this child, along with any children born within a marriage, would be considered lawful issue and would be entitled to a share of the life insurance proceeds. The legal recognition of parentage, often established through birth certificates or paternity acknowledgments, is the key factor, not the marital status of the parents.