What is the test for class gifts?
British Columbia, Canada
The following excerpt is from Milthorp v. Milthorp et al, 2000 BCSC 662 (CanLII):
In Kingsbury v. Walters (1901), A.C. 187, 70 LT Ch 546, Lord MacNaughten set out the test for class gifts: When there is a gift to a number of persons who are united or connected by some common tie, and you can see that the testator was looking to the body as a whole rather than to the members constituting the body as individuals, and also you can see that he intended that if one or more of that body died in his lifetime the survivors should take the gift between them, there is nothing to prevent your giving effect to the wishes of the testator.
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