Class Gifts

Question 1

Class Gift

Answer 1

Is a gift to a group of persons described collectively

usually in terms of their familial relationship

Question 2

Common Law Class Gift

Answer 2

Under the common law, the words of a testator/settlor were given their legal meaning

Question 3

Modern Class Gift

Answer 3

Modern courts are more likely to consider testator/settlor’s intent

Question 4

Closing of Class Gift

Answer 4

Generally, class gifts close at the death of the testator/settlor.

Question 5

Rule of Convenience

Answer 5

The class is closed when any member of the class is entitled to possession of the gift.

Question 6

Predeceased Members of Classes

Answer 6

Whether the gift to a predeceased member of the class will go into residuary estate or be divided amongst others depends on whether group/specifically named.

Question 7

Specifically Named Class Members

Answer 7

When the class is specifically named the gift will lapse and fall into residuary estate UNLESS anti-lapse statute applies.

“Ivy, Janx, Siri”

Question 8

Group Named Class Members

Answer 8

When the class members are named as a group the predecased member’s share will be divided amongst the group UNLESS there is a provision in will contrary or an anti-lapse statute.

“Vampiric Charms”