The correct spelling of the phrase "failure of issue" is /ˈfeɪljər əv ɪʃuː/. The word "failure" refers to a lack of success or inability to achieve a task or goal. The term "issue" in this context means offspring or descendants. Thus, "failure of issue" refers to the failure of a person to produce viable offspring or descendants. The correct spelling is important to ensure clarity and precision in legal documents and genealogical records.
Failure of issue is a legal term used in inheritance law to describe a situation where a designated beneficiary of an estate is unable to receive their share of the estate due to a specific circumstance. This term typically applies in cases where the intended recipient has predeceased the testator, or individual who made the will, and there are no other contingent beneficiaries or alternative provisions outlined in the will regarding the distribution of that portion of the estate.
Essentially, failure of issue occurs when there is no living person in the intended line of succession to inherit a particular share or portion of the estate. It can also apply to situations where the intended beneficiary is alive but is legally incapable of receiving the inheritance, such as due to being a minor or being legally prohibited from inheriting.
In such cases, the failed distribution typically reverts back to the estate and is then subject to the laws of intestacy or any other stated provisions in the will. This means that the portion of the inheritance that was intended for the beneficiary who experienced the failure of issue will be distributed to other named beneficiaries or determined by the legal rules of inheritance.
Overall, failure of issue is a term that signifies the inability of a designated beneficiary to receive their share of an estate as originally intended due to specific circumstances.