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Issue (Legal Term)

Probate & Legal

All lineal descendants of a person, including children, grandchildren, and further generations, used in wills and trusts.

In legal documents, issue refers to all lineal descendants: children, grandchildren, great-grandchildren, and further generations. It is one of the most common (and most confusing) terms in wills and trusts.

Why the Term Matters

Trust language often says "to my issue, per stirpes." That distributes the trust by family branch. Each living child takes a share, and a deceased child's share passes to that child's own descendants.

Adopted and Non-Marital Children

Arizona treats adopted descendants as issue of their adoptive parents under A.R.S. 14-2705. Children born outside of marriage are issue of both parents once parentage is legally established. Stepchildren who were never adopted are not issue.

Drafting Practice

Modern Arizona trusts often spell out exactly who counts as issue, including or excluding stepchildren, foster children, and descendants by assisted reproduction. Clear definitions prevent fights between family branches later.

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