Issue vs Issue of the body


(Kedia Del) #1

I am seeking help in locating cases dealing with the meaning of “issue” and “issue of the body”. I doing a matter dealing with definition of child of an intestate deceased, set to benefit under a blood Intestate Act. The statute speaks of “issue” of the decease and “issue surviving the deceased”.


(Richard Dew) #2

Williams on Wills, chapter 76


(Mlindley) #3

I am sure “issue” in this context is likely to mean simply “descendants” of the deceased, not confined to children i.e. grandchildren, great-grandchildren etc. See Sherrin & Bonhill - The Law and Practice of Intestate Succession or Williams on Wills - Williams refers to a number of cases. Re Linklater Estate (1967) 66 DLR may be helpful.


(Kedia Del) #4

Thank you very much will consult Williams


(Kedia Del) #5

Thank you much appreciated


(Hazelevans) #6

Hi

Issue and issue of the body, mean the same.
Issue means any bloodline descendants of the deceased - children, grand-children etc.


(Mlindley) #7

You may find this discussion of a Canadian case helpful too https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/3183/index.do


(Kedia Del) #8

Thank you so much for your help.