failure of issue

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A failure of issue occurs when a property-holder dies but leaves behind no living children or direct descendants to inherit the property. There are two specific types:

  1. Definite Failure of Issue: a failure of issue determined at a specific time set in a will;
  2. Indefinite Failure of Issue: a failure of issue for which no time limit is set in a will.

[Last updated in February of 2022 by the Wex Definitions Team]