Under a class gift, the gift goes to which group at the testator's death?

• A. Goes to the surviving member at death.
• B. Goes to the testator's estate.
• C. Goes to the testator's heirs.
• D. Goes to charity if no member survives.

Answer: (A)

A class gift is interpreted as a gift to the members of a defined group who are alive when distribution occurs. Here, distribution happens at the testator’s death, so the gift goes to those who survive the testator within that class. If, for example, the class is “my children,” only the children who are alive at death take, and they share the gift. If none survive, the gift may lapse to other provisions (like the residue or heirs) depending on the will and any anti-lapse rules, but it does not automatically go to the testator’s estate or to charity unless the will specifies that outcome. That’s why the best answer is that the gift goes to the surviving member(s) at death.