Class Gift

Estate Documents

A bequest in a will or trust made to a group defined by relationship, such as "my children" or "my descendants."

A class gift is a bequest in a will or trust that directs property to a group of people. The group is defined by relationship, not by individual name. Common examples include "my children," "my grandchildren," or "my nieces and nephews."

How Class Membership Is Determined

The members of the class are set when the gift takes effect, not when the document was signed. Children born after the will was written may be included. People adopted into the family may also qualify. Under A.R.S. 14-2705, adopted children and those born out of wedlock are generally included.

"Nieces" and "nephews" exclude relatives by marriage unless the document says otherwise. "Brothers" and "sisters" include both half-blood and whole-blood ties.

Why Class Gifts Matter in Estate Planning

Class gifts offer flexibility because the group can grow or shrink over time. A new grandchild joins the class automatically. If a specific name had been used, the document would need updating. However, class gifts can raise questions about how to divide property. Arizona law fills that gap under A.R.S. 14-2708 using intestate succession rules.