Also known as: multigenerational class gifts · multi-generational class gift
Written by attorneys · grounded in primary & secondary sources — see below
A class gift to the issue or descendants of a designated person that, absent contrary language or circumstances, carries an implied condition that each class member must survive to the date of distribution and that no living ancestor who is also a class member may share in the gift.
Miranda Morales leaves her estate in trust to the descendants of her brother Mohan Malhotra. Mohan dies before the trust terminates, survived by two children and one grandchild whose parent is still living. The two children share the gift because each survived to distribution and no living ancestor in the class blocks their share. The grandchild takes nothing.
Michael Miller creates a trust remainder for the issue of his daughter Monica Morgan. Monica survives to distribution but her son Mustafa Mahmoud predeceases her, leaving a child. The grandchild takes the entire share because the intervening parent died before distribution and no living ancestor remains in the class to claim it.
Select any source to read its text and confirm it supports the definition.
Yes. Courts imply a condition of survival when the gift uses terms such as issue or descendants. A class member who dies before distribution is eliminated, and the gift passes only to those who meet the survival requirement.
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Representation operates only among those who satisfy the survival condition. A grandchild takes only if the intervening parent has died before distribution and no living ancestor remains in the class to claim the share.
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Gifts to children or siblings do not span generations, so courts apply the default rule that a remainder passes through the beneficiary's estate. Multigenerational terms trigger the survival implication because representation is built into the class definition itself.
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