Also known as:per capita by generation · per capita distribution
Written by attorneys · grounded in primary & secondary sources — see below
A method of distributing property among descendants that first divides the property into equal shares at the generation nearest the designated ancestor containing at least one surviving descendant. Each surviving descendant in that generation receives one share. Any shares allocated to deceased members of that generation who left surviving descendants are then recombined and divided equally among the surviving descendants in the next generation in the same manner.
Sources & Authorities
How it applies
Common Examples
2
Trust Stock Division Among Grandchildren
Pearl Porter created a trust holding shares in a family business and directed that the shares pass to her issue per capita at each generation upon termination. Her only child died before termination, survived by two children, one of whom later died leaving a surviving grandchild. At termination the trustee counts one share for the living grandchild in the nearest generation with survivors and one share for the deceased grandchild who left a surviving descendant, then allocates the second share to that great-grandchild.
Remainder Interest to Heirs
A settlor directed that trust principal pass to his heirs upon the death of the life tenant. The nearest generation to the settlor with living members contains two surviving children and one deceased child who left surviving descendants. The trustee divides the principal into three equal shares, gives one share to each surviving child, and divides the third share equally among the grandchildren in the deceased child's line.
Put it into practice
Test Yourself
10
Practice Questions5
· 1 primary source
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Restatements
Casebooks
Course Outlines
Study Supplements
Harris Trust & Savings Bank v. Beach513 N.E.2d 833, 838-39, 841 (Ill. 1987)
Common questions
Frequently Asked
4
How does per capita at each generation differ from traditional per stirpes distribution?+
Per capita at each generation divides shares first at the nearest generation containing survivors and recombines any unused shares for equal division among the next generation's survivors. Traditional per stirpes fixes shares at the children of the designated ancestor and passes each deceased child's share down that line without recombining across lines.
Supporting sources
When counting shares under per capita at each generation, which descendants are included?+
The rule counts every surviving descendant in the nearest generation with at least one survivor and every deceased descendant in that same generation who left surviving descendants. Descendants with a living ancestor in a prior generation are disregarded.
Supporting sources
Does a per capita at each generation clause in a trust override intestacy rules?+
Yes. The clause supplies an express direction that controls distribution even when the same property would pass by intestacy under different representation rules.
Supporting sources
What happens to a share allocated to a deceased descendant who left multiple surviving children?+
That share is recombined with any other unused shares and then divided equally among the surviving members of the next generation who are descendants of the deceased members counted at the prior level.
Supporting sources
Trusts and Estates Decedents EstatesWills · Construction problemsUBEFoundational