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Issue

Also known as: Lineal Descendants, Offspring, Progeny

Definition

Issue is the legal term for all your lineal descendants—your children, grandchildren, great-grandchildren, and every subsequent generation in your direct bloodline.

The term appears frequently in wills, trusts, and intestacy rules, and its precise meaning determines who inherits and how assets are distributed across multiple generations.

What Does Issue Mean?

Under UK law, "issue" refers to all your direct descendants through every degree, including biological and adopted children but excluding stepchildren unless explicitly stated. The term has its foundation in the Wills Act 1837 and Administration of Estates Act 1925, where it determines inheritance rights when someone dies with or without a will.

Issue differs from "children" in an important way. Children refers only to your immediate offspring—the first generation. Issue encompasses everyone who descends from you: children, grandchildren, great-grandchildren, and all future generations. For example, if Sarah dies intestate with no surviving spouse, her estate passes to her "issue." If she has three living children, they share equally (one-third each). But if her son David died before her leaving two children (Emma and James), those grandchildren are Sarah's issue—they step into David's position and share his one-third equally, receiving one-sixth each.

This distinction becomes critical when applying Section 33 of the Wills Act 1837, the anti-lapse provision. When a will leaves a gift to your issue and one of your children predeceases you, the gift doesn't fail—it passes to that deceased child's own issue. If Elizabeth's will states "I leave £100,000 to my issue" and her son Peter dies before her leaving two children (Emily and Jack), those grandchildren inherit Peter's share. The £100,000 divides into three parts for Elizabeth's three children, but Emily and Jack split Peter's portion (£16,666.67 each), while Helen and Richard each receive £33,333.33.

Under intestacy rules, issue inherit according to the statutory trusts established in the Administration of Estates Act 1925. When you die without a will and have no surviving spouse or civil partner, your entire estate passes to your issue distributed per stirpes (meaning "by stock"). Each branch of your family receives an equal share through their parent. This ensures fairness across generations—if you had four children but one predeceased you leaving three children of their own, those three grandchildren share their parent's quarter equally.

Stepchildren are not included in "issue" under UK law unless your will explicitly states otherwise. This creates significant risk in blended families. When Amanda dies intestate with one biological daughter Lucy and two stepchildren (Daniel and Grace) she helped raise for 20 years, only Lucy inherits—Daniel and Grace receive nothing despite being part of Amanda's family. Formally adopted children, however, are fully included as issue since the Adoption Act 1976, Section 39, which gives them the same legal status as biological children for inheritance purposes.

Common Questions

"Does 'issue' include grandchildren and great-grandchildren?" Yes, 'issue' includes all lineal descendants through every generation—children, grandchildren, great-grandchildren, and so on. The term extends infinitely downward to include all direct descendants, unlike 'children' which refers only to your immediate offspring.

"Are stepchildren included when a will refers to 'issue'?" No, stepchildren are not automatically included in the term 'issue' under UK law—it refers only to biological and adopted descendants. If you want stepchildren to inherit, you must name them specifically or explicitly state that references to 'issue' or 'children' include stepchildren.

"What's the difference between 'issue' and 'children' in a will?" Children are your direct offspring (first generation only), while issue includes all lineal descendants through every degree. If your child predeceases you leaving grandchildren, those grandchildren are your issue but not your children. This distinction matters significantly in inheritance and intestacy situations.

Common Misconceptions

Myth: "Issue is just another word for children—they mean the same thing in a will."

Reality: Issue includes ALL lineal descendants (children, grandchildren, great-grandchildren, etc.), while children refers only to your direct offspring. This distinction becomes critical when a child predeceases you—their children (your grandchildren) are your issue but not your children. In everyday conversation people use these terms interchangeably, but the legal precision of "issue" encompassing multiple generations has significant inheritance consequences.

Myth: "If my will leaves everything 'to my issue,' my stepchildren will inherit because they're part of my family."

Reality: Under UK law, "issue" refers only to biological and adopted descendants—stepchildren are explicitly excluded unless you specifically name them or include a clause stating that "issue" includes stepchildren. Modern blended families often treat stepchildren and biological children equally in daily life, creating an understandable assumption that legal terms reflect this emotional reality. However, the legal definition of "issue" predates modern stepfamilies and requires explicit language to include stepchildren.

  • Intestacy: "Issue" is a key term in intestacy rules—if you die without a will and have no surviving spouse or civil partner, your entire estate passes to your issue distributed per stirpes.
  • Per Stirpes: The distribution method used when dividing assets among issue—each branch of the family receives an equal share through their deceased ancestor.
  • Children: A narrower term than issue—children refers only to direct offspring (first generation), while issue includes all lineal descendants through every degree.
  • Stepchildren: Explicitly excluded from the legal term "issue" unless the will contains specific language including them or evidence shows clear testamentary intention.
  • Adopted Children: Included in "issue" since the Adoption Act 1976—they have the same legal status as biological children for inheritance purposes.
  • Beneficiary: Issue are often the beneficiaries of estates under both intestacy rules and wills—"beneficiary" is broader (anyone receiving from an estate), while "issue" is a specific class of potential beneficiaries.

Need Help with Your Will?

Understanding "issue" is essential for ensuring your will distributes assets according to your wishes, especially if you have grandchildren or a blended family. Using precise legal language prevents unintended disinheritance and ensures all generations you want to benefit are properly included.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.