Skip to Content

General Laws

Section 2-709. [Representation; Per Capita at Each Generation; Per Stirpes.]

(a) In this section:

(1) “Deceased child” or “deceased descendant”, a child or a descendant who predeceased the distribution date.

(2) “Distribution date”, with respect to an interest, is the time when the interest is to take effect in possession or enjoyment. The distribution date need not occur at the beginning or end of a calendar day, but can occur at a time during the course of a day.

(3) “Surviving ancestor”, “surviving child”, or “surviving descendant”, an ancestor, a child, or a descendant who did not predecease the distribution date.

(b) If an applicable statute or a governing instrument calls for property to be distributed “per capita at each generation”, the property is divided into as many equal shares as there are (i) surviving descendants in the generation nearest to the designated ancestor which contains 1 or more surviving descendants (ii) and deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation is allocated 1 share. The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the distribution date.

(c) If a governing instrument calls for property to be distributed “by representation” or “per stirpes”, the property is divided into as many equal shares as there are (i) surviving children of the designated ancestor and (ii) deceased children who left surviving descendants. Each surviving child is allocated 1 share. The share of each deceased child with surviving descendants is divided in the same manner, with subdivision repeating at each succeeding generation until the property is fully allocated among surviving descendants.

(d) For the purposes of subsections (b) and (c), an individual who is deceased and left no surviving descendant is disregarded, and an individual who leaves a surviving ancestor who is a descendant of the designated ancestor is not entitled to a share.

Error