Wills, Trusts, and Estates

Class Gift

A class gift is a testate gift to a group of described people.

Adoptees and nonmarital children count as children in class gifts if they would count as children for intestacy purposes. UPC § 2-705(b), VA Code § 64.2-101.

If members of the class die before the testator, that portion of the devise is divided among the remaining members.

Rule of Convenience

A class closes as soon as one member is entitled to possession. Even if another person [is born] and satisfies the requirements eventually, he can never take.