Also known as: distributions by representation · per stirpes
Written by attorneys · grounded in primary & secondary sources — see below
A method of allocating property among a decedent's descendants that first divides the estate into equal shares at the generation nearest the decedent containing at least one living member. Each living member of that generation receives one share. The share of any deceased member who left surviving descendants is then subdivided equally among those descendants at the next generation, with the process repeating until every share is assigned.
Select any source to read its text and confirm it supports the definition.
Deanna Davenport died intestate survived by her spouse and three children. One child had predeceased her leaving two children of his own. After the spouse's share is set aside, the remaining estate is divided into three equal shares at the child generation. The two surviving children each receive one share outright. The predeceased child's share is then divided equally between his two surviving children.
A trust terminates twenty-one years after the death of the settlor's last grandchild. Several grandchildren predeceased that date leaving their own children. The trust instrument directs that income during the final period be paid to the issue of the deceased grandchildren by right of representation. Each line descending from a deceased grandchild receives the share that grandchild would have taken, divided equally among the living members of that line.
Distribution by representation divides the estate at the closest generation to the decedent that contains at least one living descendant. Surviving members of that generation each take one share. Shares of deceased members are then subdivided at the next generation. Strict per stirpes always divides at the children level even if some children survive.
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…of trust income and principal (after the death of the testator and his wife) points to equal treatment of the testator’s issue per stirpes, there is a sufficient contrary intent shown to overcome the rule of construction that the class gift of income to grandchildren is given to them as joint tenants with the right of…
…said son should predecease him, the Trustee shall pay the net income derived from the trust fund unto the lineal descendants, per stirpes
…If either of my wife's children predceases (sic) her, the predeceased child's share shall be distributed to his or her issue per stirpes
…shall be conveyed, transferred and paid over in equal shares to and among my issue living at that time, such issue taking per stirpes
Yes. Once parentage is established, the nonmarital child is treated as a full descendant. The estate is then divided by representation among all qualifying descendants in the same manner as marital descendants.
Supporting sources
That individual is disregarded. The estate is divided only among the lines that have surviving descendants, so the total number of shares equals the number of qualifying lines at the nearest generation.
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No. All children of the decedent in the same degree of kinship receive equal treatment regardless of whether they share both parents with the decedent. Their lines therefore receive equal shares under representation.
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