How Would the Distribution Change If a Bequest Were Made by Representation?
A bequest to be distributed “by representation” means those members of the same generation share equally in any bequest they are entitled to. Once again assuming the same facts as above: • If Alex, Dave, Cindy and Susan all survive their mother, they will each receive 25% of the bequest, just as with a per stirpes or a per capita distribution. • 2. If only Alex, Dave and Cindy survive and Susan predeceases Mrs. Smith, the three surviving children each receive 25%. Jackie will take a 25% share because she is the only one of her generation receiving a distribution. Again, this is the same as a per stirpes or a per capita distribution • 3. If only Dave and Cindy survive Mrs. Smith, the distribution now changes. Dave and Cindy would still receive 25% each, just as with a per stirpes distribution. But now, with a by representation distribution, the 50% that would have gone equally to Alex and Susan will now be distributed equally among Jackie, Clark and Robert. The three grandchildren of Mr
