What is the test for making a gift a class gift in a will?

Alberta, Canada


The following excerpt is from Lindblom Estate v. Worthington, 1999 ABQB 796 (CanLII):

Feeney, supra, Vol. 2 at p.156 provides the following commentary: It would seem that to make a gift a class gift the class members must have some common quality or characteristic. It would also seem that Kingsbury v. Walter is to be followed only when this is the case. In general, for there to be a class gift, the members of the group must bear a certain relationship to the testator or some other person, and differences in relationship may prevent the formation of a class. Though this is generally so, if the will or the surrounding circumstances show that the testator intended to create a class of persons bearing no particular relationship to him, or if related to him, related to him in different ways, the court should declare the gift to be a class gift.

Other Questions


What is the definition of a class action and what is the scope of the class? (Alberta, Canada)
Does a person who makes a false statement have to make good the damage caused by the false statement? (Alberta, Canada)
What is the limitation period for making a demand promissory note? (Alberta, Canada)
How have courts dealt with the argument that negligence or lack of care on the part of a visitor relieves the occupier of his duty to make the premises reasonably safe? (Alberta, Canada)
What is the test for making a will in Scotland? (Alberta, Canada)
Can a statement "let’s make sure we kill all the pigs” be excluded by the trial judge? (Alberta, Canada)
Can a returning officer on a Metis settlement consider their residence as a place for filing or making inquiries? (Alberta, Canada)
Can a fee to provide funds for the discharge of indebtedness incurred for the construction of a student union building which included an auditorium and would, to a certain extent, be used for the conduct of classes? (Alberta, Canada)
Does solicitor-client privilege extend to conversations in which a person makes disclosures while seeking to retain a solicitor? (Alberta, Canada)
Can a trustee in bankruptcy make use of provincial legislation in gathering in the assets of a bankrupt? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.