Class Gifts & Children Flashcards
What is a class gift?
Gift to a group of persons described collectively (usually in terms of familial relationship)
How are the terms “children” and “issue” interpreted for purposes of class gifts?
In accordance with intestate succession rules
What may an adopted child inherit?
The same as a natural child when the adopted child is not the relative of the adopting parent.
NOTE: this applies to the inheritance rights of the adopting parent AND the adopting parent’s family
When do class gifts close?
Generally, at the death of the testator/settlor
What is the rule of convenience?
A class is closed when any member of the class is entitled to possession of the gift.
When will a gift to a predeceased class member go into the residuary estate?
When the class is specifically named (to Tom, Mary, and Jim). The gift loses and falls into the residuary estate unless an anti-lapse statute applies.
When will a gift to a predeceased class member be divided amongst the other members?
When the class members are named as a group (my children). Predeceased member’s share will be divided amongst the other members UNLESS there is a provision in the will contrary to or an anti-lapse statute applies
What happens if a class gift is based on a contingency?
Remaindermen are entitled only to the gift of the specified conditions are satisfied.
At common law, what are the three prerequisites to inheriting as a “child” of the decedent?
- Biological
- Full blooded
- Born into wedlock
Who does the modern definition of children include?
Biological children (marital and non-marital), half-bloods, and adopted children
What is the effect of adoption on the child’s relationship to his interest in his biological parents’ estate?
Severs; adopted children generally not included in estate of biological parents unless the biological parent’s will expressly states otherwise
May a non-marital child inherit from a father?
Yes, if he first establishes paternity
What happens if one spouse dies while a child is in the process of being adopted?
The child is treated as adopted if the child is subsequently adopted by surviving spouse
