A Will leaves residue to named grandchildren and ‘any other grandchildren who should be born after the writing of this will’. The deceased has male children who could potentially father more children. I am unclear on when the class closes.
I have read other topics on the trust forum regarding when a close closes but none quite match the above circumstances. I understand the deceased’s intention was to leave the residue to his grandchildren who were alive at the time he wrote his will and any other grandchildren born between writing his will and the date of his death. I am hoping to avoid an application for rectification.
I suggest that the “rule” in Andrews v Partington (1791) applies - the class closes to “new entrants” when the first grandchild attains age 25, or at the time of the testator’s death if any of the grandchildren have already reached that age by then.
If the testator had intended the class to close on their death, that would need t have been specifically stated.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
Having seen Iain’s post, I realise that in my initial response I had (incorrectly?) assumed there to be an age contingency.
If there is no age contingency, then the class closes on the death of the testator, although may also include any child born alive who was “entre sa mere” at the date of death (i.e. had been conceived before the death of the testator).
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
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Curious, the Norman French phrase is « en ventre de sa mère ». I wasn’t aware that the Armada achieved any indirect colonisation of English legal terminology….