1. Class Gifts

2. Defined Beneficiaries described generically. Examples: “Children”
“Grandchildren”
“Brothers”
“Siblings”

3. Individual or Class Gift?
“I leave all my estate to my children,
A and B.”
Perry v. Hinshaw (Tex. 1982) – p. 244
Class gift to children so other children also share.
Gifts to A and B only so other children do not share.
A and B will split 80% and the other children divide the rest.
I’m slacking off and did not read the case.

4. Time of Determining Class Membership
1. Express language in will.

5. Time of Determining Class Membership
2. Earlier of:
a. Natural closing of class, and
b. When first class member entitled to property.
[The “rule of convenience.”]

6. Time of Determining Class Membership
3. Example – note 1, p. 245
One-third to each of B, C, and D.
One-half to each of B and C.
One-quarter to each of A’s successors in interest, B, C, and D.
One third to each of A’s successors in interest, B, and C.

7. Time of Determining Class Membership
4. Example – note 2, p. 246
One-half to each of B and C.
One-quarter to each of X, Y, B, and C.
One-sixth to each of X and Y, one-third to each of B and C.

8. Time of Determining Class Membership
5. Example – note 3, page 246
Anti-lapse statute saves Herman’s gift for Nadine.
Survivorship language controls so Nadine is out-of-luck.
The statute does not resolve this issue.

9. Adopted children as class members
Generally, included (even if adopted as adult).

10. Practice Tip Explain how testator wants class membership determined:
Adopted individuals?
If yes, by what age?
Non-marital individuals?
ART individuals?