Also known as: multigenerational class · multi generational class
Written by attorneys · grounded in primary & secondary sources — see below
A class of takers in a donative transfer consisting of the issue or descendants of a designated person. The class by definition includes members from successive generations. Distribution follows principles of representation under which a class member must survive to the date of distribution and must have no living ancestor who is also a class member.
Mustafa Mahmoud's will devised the residue to his daughter Aisha for life, remainder to Aisha's descendants. Aisha had two children, one of whom predeceased her leaving a surviving child. The grandchild took the deceased child's share by representation because the class of descendants is multi-generational. The predeceased child's spouse received nothing.
Maria Morales created a trust for her son for life, remainder to the son's issue. The son had three children. One child predeceased the son but left two living children. The trust divided into three shares at the son's generation. The two grandchildren took their parent's share by representation.
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Courts imply a survival requirement for multi-generational classes such as issue or descendants but not for single-generational classes such as children or siblings. The multi-generational nature triggers representation principles under which only surviving members without living ancestors in the class take shares.
Supporting sources
The initial division occurs at the first generation below the designated person on a per stirpes basis. Shares are determined by the number of class members in that generation whether alive or deceased at the time of distribution.
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Representation applies unless additional language or circumstances indicate a contrary intention by the transferor. The will or trust may expressly invoke representation after an initial qualified class closes, allowing later generations to take in place of deceased ancestors.
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…property of the trust shall be equally divided amongst the lineal descendants of my grandchildren.” “Equally,” referring to a multigenerational class, normally means per stirpes. New England Trust Co. v. McAleer , 344 Mass. 107, 112 (1962). Dexter v. Inches , 147 Mass. 324, 326 (1888). In such a case, the stirpes are normally placed at…