Class gifts Flashcards
What is the general rule regarding class gifts?
Absent a contrary provision in the will, if a will makes a gift to a group of persons described as a generic class, and some members pre-decease the testator then the class members who survive the testator take in equal shares.
What is the general rule regarding class gifts based on?
It is based on presumed intent. Since the testator was group minded in making the gift he wanted the class of persons and nobody else to take equal shares.
Can an adopted out child get a gift made in the will of a member of the child’s birth family?
No they cannot, the adopted child does not take as a beneficiary of a class gift made in the will.
Can an adopted child share in a class gift?
Yes, if they are adopted by a member of the birth family.
When does the class close?
When the testator dies.
Can later born class members take as members of a class?
No they cannot
When must a distribution be made?
When the class closes.
