![]() However in recognition of societal changes status of children and similar legislation has changed the law so that today illegitimate children, ex-nuptial children can inherit, read more here. The use of ‘lawful’ meant that only children born to married parents were entitled to inherit, those born out of wedlock, illegitimate or ex-nuptial children could not. “Lawful issue” is a legal term that was commonly used in old wills long ago. Phrases like “children and remoter issue” or “child, grandchild and remoter issue” legally mean the same as “issue”. Your grandchildren, great-grandchildren and so on are further away, are your more distant descendants and for convenience may be collectively referred to as being” remote issue” or your “remoter issue”. Neither is a spouse, partner, former partners, in-laws “issue”.Ī gift left to the “issue of A” on the primary meaning of issue means that all of A’s children, grandchildren, great-grandchildren are entitled to share in it.Ĭhildren are your closest degree of issue. These are collateral relatives.Įven though collateral relatives share a common ancestor they descend alongside on different branch lines and are not within the meaning of “issue”. Who are not my “issue”?įamily who are not your “issue ” are your siblings and their issue (your nieces, nephews, great nieces and nephews etc) and your cousins. A child has ‘descended’ from their parent for example. The descendants of a person are their progeny, those on the same bloodline down the successive generations of that person, whether the relationship is natural or by adoption (as a consequence of adoption legislation).Ī descendant is a person related by blood to someone of a previous generation. Either descendants (children, grandchildren, etc) or ancestors (grandparents). Lineal relations are blood relatives on the same direct line. Usually the gift is made on an equal per capita (per head) basis unless otherwise stated in the will.Ĭollateral relations are blood relatives connected to you by a common ancestor through a different branch. See more below on restricting the usual meaning of “issue”. You may not want all of your descendants, some yet unborn perhaps to be entitled to join in the gift. It should be noted though, that this can be subject to anything else said in the will. But a ‘gift to issue’ without any words of limitation means the person intended that all of them are equally entitled to take a share in it. For example on the date of death the person making the gift may have a mix of children, grandchildren and great-grandchildren. This is regardless of whether the person has issue being offspring from different generations. Leaving a gift to issue or to “my issue” presumes in first instance to mean to all descendants of the person making the gift when they die. It can be found in describing beneficiaries under testamentary trusts and in family discretionary trusts. “Issue” is a term used to describe a group of family members who, as beneficiaries are to share in a gift left to them by will. ![]() Spouses/partners are not issue and so not shown. Adopted children and issueĪdopted children – while the primary meaning of issue is about blood relations, legally adopted children can be described as “issue” in certain circumstances and by the operation of the adoption statutes. It means descendants or progeny, and is not limited to children. The High Court has said that ‘issue’ is a word with a clear prima facie legal meaning. This is the primary legal meaning of issue. That is, your “issue” includes not just your children but all of your lineal descendants of all degrees – your children, grandchildren, great-children and so down the line without limit. Under the general law the “issue” of a person means all of their lineal descendants by blood of every degree, including their children. Its legal meaning has been developed under the general (common) law going back to at least 16th century English cases. “Issue” is not defined in wills and succession legislation even though it occurs in some legislative provisions. “Issue” is a technical legal term used in succession and inheritance law and some discretionary trusts.
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