lawful issue

In trusts and estates law, issue refers to a person’s lineal descendants, such as children, grandchildren, and all direct descendants of further generations. For example, a grandchild is considered an issue of their grandparent. Identifying all living issue of a decedent is essential in estate administration, particularly when a person dies intestate (without a valid will). In such cases, the decedent’s property is distributed according to the state’s laws of intestate succession, which typically prioritize issue in the order of descent. Historically, the term lawful issue referred only to children born within a lawful marriage, excluding those born out of wedlock. Modern usage recognizes all biological and legally adopted descendants as issue, regardless of the parents’ marital status.

[Last reviewed in November of 2025 by the Wex Definitions Team] 

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