How have the courts considered a will that states that a testator can make a gift over where the beneficiary dies before actually getting in hand some or all of the gift?
Alberta, Canada
The following excerpt is from Cassidy Estate (Re), 1985 CanLII 1471 (AB QB):
Counsel have kindly provided me with a number of cases in which the courts have considered wills with similar words. One of these, Johnson v. Crook (1879), 12 Ch. D. 639, points out that a testator, if he is so minded, is perfectly at liberty to divest a gift or make a gift over where a beneficiary dies before actually getting in hand some or all of the gift. Some earlier cases had considered such a provision to be void for uncertainty.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any finding that the Testator's instructions to a beneficiary were not given to the Solicitor by Testator or Testator? (Alberta, Canada)
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)
In what circumstances will a fiduciary relationship between a beneficiary and the beneficiary be considered to be unenforceable? (Alberta, Canada)
In what circumstances will the Court allow the Court to amend the Rules of Civil Procedure to allow the Courts to use the functional approach? (Alberta, Canada)
What is the current state of the law on the duty of care of care to prospective beneficiaries of a deceased testator's estate? (Alberta, Canada)
Does the Court have any authority to transfer proceedings under R.12 from the Court of Appeal to the Superior Court? (Alberta, Canada)
Can a court order all court-ordered sales of a personal injury property be exempt from all court ordered sales? (Alberta, Canada)
How have the courts in the United States and Canada interpreted the principles of the Court of Appeal in the context of a motion for summary judgment? (Alberta, Canada)
When there is shared parenting and joint custody and what factors will the court consider in determining the best interests of the parties? (Alberta, Canada)
How has the Supreme Court of Canada considered “equality before the law” in the context of equal rights legislation? (Alberta, Canada)
