Also known as:inherit by representation · inherits by representation · inherited by representation · inheriting by representation · per stirpes · representation
Written by attorneys — see sources below.
A method of distributing an intestate estate among a decedent's surviving descendants by which each line of descent receives an equal share.
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How its tested
Common Examples
6
Electoral College Distribution Analogy
After Ivan Ivanov died intestate survived by three children, his estate passed in equal shares to each child's line. One child had predeceased leaving two grandchildren who split their parent's one-third share.
Confidential Information Conflict
Ira Irving died leaving descendants in two lines. One line contained a grandchild whose parent had died earlier. The estate divided so each line received half, with the grandchild taking the deceased parent's portion by representation.
Servitude Reliance Scenario
Israel Irving's will left no surviving spouse. His two children had died before him. The estate therefore passed by representation to the four grandchildren, two from each child's line, giving each line an equal half.
Imani Idowu died intestate with no spouse but survived by descendants in three lines. The estate divided into three equal shares, one for each line, with further division among living members of any line whose head had predeceased.
Premarital Agreement Waiver
Ivy Ibarra left an intestate estate survived by a spouse and descendants. After the spouse took the statutory share, the remainder passed by representation to the descendants so that each surviving child's line received an equal portion.
Intestate Descendant Distribution
Isla Ireland died without a will or surviving spouse but left four grandchildren from two deceased children. The estate passed by representation, splitting into two equal shares for the two lines and then dividing each share between the two grandchildren in that line.
4 common questions
Students Frequently Ask...
How does inheritance by representation differ from per stirpes distribution?
Inheritance by representation divides the estate into equal shares for each line of descent from the decedent. Each line receives the share its head would have taken if living, then subdivides among living members of that line.
When does representation apply in intestate succession?
Representation applies when a decedent is survived by descendants and any part of the estate does not pass to a surviving spouse. The balance then passes by representation to the surviving descendants.
Does a surviving spouse affect how representation works?
The surviving spouse first receives the statutory share. Any remaining portion of the intestate estate then passes by representation to the decedent's surviving descendants.
What happens if all members of one line have also died?
That line receives nothing. The estate divides only among the lines that still have living descendants, each receiving an equal share of the whole.
representation
that providing such patients with prescriptions for drugs that go beyond pain relief to hasten death would, in these circumstances, be consistent with standards of medical practice. Hence,…