Defining "Without Heirs" and "Without Issue"
Property documents sometimes include language like "to John for life, and if he dies without issue, to Mary." The question this raises is: what exactly does "without issue" mean? Does it mean John never had children at all, or does it mean no descendants are alive when John dies?
When a remainder is limited to take effect upon the death of a person without heirs or heirs of his body, or without issue, the words "heirs" or "issue" shall mean heirs or issue living at the death of the person named as ancestor.
A.R.S. § 33-236Arizona settles this question by defining "heirs" and "issue" as people who are alive at the time of the named person's death. If John had children but they all predeceased him, the condition is met and the remainder passes to Mary. If even one descendant survives John, the condition fails and the remainder does not take effect.
Why the Timing Matters
This interpretation prevents confusion and litigation over vague language in deeds and wills. Without a clear rule, families could argue about whether "without issue" meant the person never had children or simply had no living descendants at the time of death. Arizona's statute removes that ambiguity.
For anyone creating property arrangements that use the words "heirs" or "issue" as conditions, this statute provides a reliable definition. The focus is always on who is alive when the named person passes away, not on historical births or hypothetical future descendants.