When a testatrix dies, what is the effect of the postponement of enjoyment for her nine children?
Ontario, Canada
The following excerpt is from Dice v. Dice Estate, 2012 ONCA 468 (CanLII):
Relying on Browne v. Moody, the court concluded, at pp. 465-66 O.R., that, upon the death of the testatrix, the residue vested immediately in the testatrix's nine children who were alive at her death, subject to "postponement of enjoyment" until the death of the life tenant. On behalf of the infant grandchildren and potential unborn grandchildren, the official guardian argued that the phrase "per stirpes" indicated an intention that [page421] the vested interests of the nine children would be subject to divestment in favour of their issue if any of them predeceased the life tenant.
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