What is the test for vesting a morte testatoris in the remainder of a deceased's estate?

Saskatchewan, Canada


The following excerpt is from Lasby Estate, Re, 1984 CanLII 2449 (SK QB):

The beneficiaries launched an appeal to the court from the answer given to question 4 and Woods, J.A., applied the case of Browne v. Moody, 1936 CanLII 119 (UK JCPC), [1936] A.C. 635, at p. 645: “The distinction between a present gift coupled with a postponement of the date of payment and a direction to pay at a future date without any words of present gift is no doubt an important distinction, and is in certain circumstances an element in determining whether vesting a morte testatoris has or has not taken place, as where conditions of survivorship and the like are adjected to the direction to pay. But where there is a direction to pay the income of a fund to one person during his lifetime and to divide the capital among certain other named and ascertained person on his death, even although there are no direct words of gift either of the life interest or of the capital, the rule is that vesting of the capital takes place a morte testatoris in the remaindermen.”

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