subject to partial divestment

Subject to partial divestment, also called subject to open, refers to a class gift in which at least one member of the class is ascertained and has met any conditions precedent to vesting, but the class remains open for others who may later qualify. For example, a devise “to A’s children” is subject to partial divestment if A is still living, because additional children may be born and share in the gift.

[Last reviewed in October of 2025 by the Wex Definitions Team]

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