Residue Clause (To Spouse, Gift over to Children per Stirpes) (ON)

Summary

This residue clause directs the trustees to divide the residue of the testator’s estate among the testator’s children alive at their death and to deliver the shares accordingly, on the death of the spouse or on the testator’s death if the spouse has predeceased the testator. It includes a gift over to children per stirpes. This clause includes practical guidance and drafting notes. If a beneficiary named in a will dies before the testator, the personal representative must review the will to determine if it anticipates the possibility of the beneficiary dying before the testator and includes a "gift-over" of the gift. For example, a gift-over occurs if the will states "$50,000 to Bob, and in the event that he predeceases me, to Mary". The legacy will not lapse if Mary is alive — the gift will instead be paid to her. In Ontario, if the will does not include a gift-over and the beneficiary dies before the testator, legislation imposes a gift-over in the case of certain classes of ...