Is a residuary gift which fails in whole or part a gift of residue to a testator intestate as if the testator had died intestate?

Alberta, Canada


The following excerpt is from Redmond Estate (Re), 1993 CanLII 7104 (AB QB):

The common law is very clear that a residuary gift which fails in whole or part is distributed as if the testator had died intestate with respect to that particular property, unless the testator had a contrary intention (Re Woods; Woods v. Creagh, [1931] 2 Ch. 138 at 142): It is well settled that if there is a gift of residue to four daughters or, indeed, to any persons described in nominatim, as, for instance, a gift of residue to A., B. and C. in equal shares, if one of the three dies before the death of the testator, there is an intestacy.

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