How does per capita at each generation differ from traditional per stirpes distribution?

Per capita at each generation divides shares first at the nearest generation containing survivors and recombines any unused shares for equal division among the next generation's survivors. Traditional per stirpes fixes shares at the children of the designated ancestor and passes each deceased child's share down that line without recombining across lines.

When counting shares under per capita at each generation, which descendants are included?

The rule counts every surviving descendant in the nearest generation with at least one survivor and every deceased descendant in that same generation who left surviving descendants. Descendants with a living ancestor in a prior generation are disregarded.

Does a per capita at each generation clause in a trust override intestacy rules?

Yes. The clause supplies an express direction that controls distribution even when the same property would pass by intestacy under different representation rules.

What happens to a share allocated to a deceased descendant who left multiple surviving children?

That share is recombined with any other unused shares and then divided equally among the surviving members of the next generation who are descendants of the deceased members counted at the prior level.

Legal Dictionary

per capita at each generation

/pur KAP-uh-tuh at each JEN-uh-ray-shuhn/phrase

Also known as: per capita by generation · per capita distribution

Written by attorneys — see sources below.

A method of distributing property among descendants that first divides the property into equal shares at the generation nearest the designated ancestor containing at least one surviving descendant. Each surviving descendant in that generation receives one share. Any shares allocated to deceased members of that generation who left surviving descendants are then recombined and divided equally among the surviving descendants in the next generation in the same manner.

See Our Sources

How its tested

Common Examples

Trust Stock Division Among Grandchildren

Pearl Porter created a trust holding shares in a family business and directed that the shares pass to her issue per capita at each generation upon termination. Her only child died before termination, survived by two children, one of whom later died leaving a surviving grandchild. At termination the trustee counts one share for the living grandchild in the nearest generation with survivors and one share for the deceased grandchild who left a surviving descendant, then allocates the second share to that great-grandchild.

Remainder Interest to Heirs

A settlor directed that trust principal pass to his heirs upon the death of the life tenant. The nearest generation to the settlor with living members contains two surviving children and one deceased child who left surviving descendants. The trustee divides the principal into three equal shares, gives one share to each surviving child, and divides the third share equally among the grandchildren in the deceased child's line.

Put it into practice

per capita at each generation

Common Examples

Trust Stock Division Among Grandchildren

Remainder Interest to Heirs

Test Yourself

Practice Questions5

Uniform Acts

Restatements

Students Frequently Ask...

Practice Essays5