What are the conditions that delay vesting on a share of a deceased testator's shares?
Saskatchewan, Canada
The following excerpt is from Hartley Estate, Re, 1986 CanLII 3125 (SK CA):
These words are conditions personal to the beneficiaries and do take the gifts out of the rule in Browne v. Moody. They delay vesting until the conditions are met. We are not given the exact age of the children of the testator who predeceased the widow, but each of them died more than 21 years after the death of the testator and each of them left issue so that the conditions are met and vesting has occurred prior to their deaths. Their issue is entitled to take their shares.
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