Legal Definitions - testamentary class

Testamentary Class

A testamentary class refers to a group of beneficiaries identified in a will by a collective description rather than by their individual names. The specific individuals who comprise this group are determined at a later point, typically upon the death of the person making the will (the testator) or another specified event. This method allows a will to provide for a changing group of people, such as future family members, without requiring constant updates to name each person individually.

Here are some examples:

• Example 1: Beneficiaries defined by familial relationship

  Imagine a will that states, "I leave my entire estate to my children, to be divided equally among them."

  How it illustrates the term: In this scenario, "my children" constitutes a testamentary class. If the testator had two children when the will was written but later adopted a third child, all three children would be included in this class and inherit equally. The will doesn't need to be updated to specifically name the adopted child; the class description automatically includes them.

• Example 2: Beneficiaries defined by a future condition

  Consider a will that specifies, "I bequeath $100,000 to be distributed among my grandchildren who are enrolled in a university at the time of my death."

  How it illustrates the term: Here, "my grandchildren who are enrolled in a university" forms a testamentary class. The exact members of this class cannot be known until the testator's death, as grandchildren might be born, or existing grandchildren might enroll in or drop out of university. Only those who meet the specific condition at the time of the testator's death will be part of the class and receive a share.

• Example 3: Beneficiaries defined by an organizational affiliation

  Suppose a will includes a provision stating, "I leave $50,000 to be divided equally among the full-time employees of the 'Green Valley Animal Shelter' who have worked there for at least ten years at the time of my passing."

  How it illustrates the term: This creates a testamentary class of "full-time employees of the 'Green Valley Animal Shelter' who have worked there for at least ten years." The specific individuals who meet these criteria will only be identified at the time of the testator's death, allowing the bequest to benefit the long-serving staff members present at that future point.