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Briefly, under trust and estate distribution "right of representation" means that the child of a predeceased heir takes their portion. It is also called "per stirpes". An alternate scheme of distribution is "per capita", or, where all the heirs take as a class. For example, if an estate or trust property was devised to 4 children "per stirpes" and one child was deceased then their children or heirs would take their 1/4 share. If the same estate was devised to 4 children "per capita" and one child was deceased then their siblings would take their share and the estate would be divided into 1/3 portions. There are variations under circumstances other than wills and trusts, for example, state laws of intestacy.

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Q: What does by right of representation mean in a trust?
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What does right of representation mean in a trust?

Briefly, under trust and estate distribution "right of representation" means that the child of a predeceased heir takes their portion. It is also called "per stirpes". An alternate scheme of distribution is "per capita", or, where all the heirs take as a class. For example, if an estate or trust property was devised to 4 children "per stirpes" and one child was deceased then their children or heirs would take their 1/4 share. If the same estate was devised to 4 children "per capita" and one child was deceased then their siblings would take their share and the estate would be divided into 1/3 portions. There are variations under circumstances other than wills and trusts, for example, state laws of intestacy.


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