Also known as: per-capita · by the head
Written by attorneys · grounded in primary & secondary sources — see below
An equal allocation of property among all members of a designated class of beneficiaries. Each eligible taker receives one share without regard to representation of a deceased ancestor.
Dr. Moore's trust directed clinic interests to her issue per capita at each generation. She was survived by son Mark and by three grandchildren through her predeceased daughter. The nearest generation with survivors contained two branches, so the trustee divided the interests into two equal shares. Mark received one share outright while the three grandchildren divided the second share equally.
State law required the Available School Fund to be distributed annually on a per capita basis to local districts. Each district received an equal amount per enrolled student regardless of the district's property wealth or tax base. The flat per-student formula produced identical per capita grants across wealthy and poor districts.
Select any source to read its text and confirm it supports the definition.
Federal law governing fractionated Indian land interests directed per capita distribution of certain payments among living heirs. Each heir received an equal fractional share calculated by head count rather than by ancestral line. The method ensured every qualifying heir obtained the same undivided interest in the proceeds.
A state statute limited new ice plants by issuing one license per capita of local population. The licensing board calculated the allowable number of plants by dividing total residents by a fixed ratio. Each approved applicant received an equal share of the limited market regardless of existing plant capacity.
A milk control board set minimum prices paid to producers on a per capita consumption basis within each market area. Every producer received the same per-unit price calculated from total population served. The uniform per capita formula prevented any single producer from obtaining a larger share based on volume alone.
A state board prohibited pharmacies from advertising prescription prices on a per capita reach basis. The regulation treated every potential consumer equally by banning all price advertisements regardless of audience size. Each pharmacy therefore operated under identical per-person exposure limits.
Per capita divides property into equal shares among all surviving members of the designated class without regard to generational lines. Per stirpes divides property first by ancestral stocks and then by representation within each stock. The UPC per capita at each generation method first creates shares at the nearest generation containing survivors and then subdivides unused shares among further descendants.
Supporting sources
The UPC applies per capita at each generation when the instrument calls for distribution by representation or per capita at each generation. The rule counts surviving descendants in the nearest generation plus deceased descendants in that generation who left surviving issue. Each survivor in the nearest generation receives one full share.
Supporting sources
Yes. Only descendants who survive the distribution date receive shares. Deceased individuals without surviving descendants are disregarded entirely under the governing statute.
Supporting sources
…members of the Peoria Tribe are statutorily entitled under 84 Stat. 688, 25 U. S. C. § 1222. See 25 U. S. C. § 1226 ("Any per capita share, whether payable to a living enrollee or to the heirs or legatees of a deceased enrollee, which the Secretary of the Interior is unable to deliver within two years after the date the…