Also known as: rights of representation · representation
Written by attorneys · grounded in primary & secondary sources — see below
A method of distributing property among a decedent's descendants that divides the estate into shares at the first generational level where living descendants exist and then allocates each share among the surviving issue of any deceased descendant in that line.
Roland Rhodes died intestate survived by two children and four grandchildren through a predeceased child. The probate court divided the estate into two shares at the child level. One share went outright to the surviving child while the other passed by right of representation to the four grandchildren.
Ruby Rivera died leaving descendants in two lines. Her will directed distribution of the residue by right of representation. The court allocated one share to the living child and subdivided the second share among the issue of the predeceased child.
Rita Russell's estate passed to her three children and the surviving children of a fourth child who predeceased her. The executor divided the property into four shares at the child generation and then subdivided the fourth share by right of representation among the grandchildren.
Select any source to read its text and confirm it supports the definition.
Rebecca Ross died survived by one child and two grandchildren through a deceased child. Under the will the residuary estate passed by right of representation so the living child received one half and the grandchildren together received the other half.
Rowan Russell left descendants consisting of two living children and three grandchildren of a predeceased child. The probate court applied right of representation and awarded each living child one third of the estate while the three grandchildren shared the final third.
Ricardo Rojas died intestate survived by four grandchildren from two predeceased children. The court divided the estate into two shares at the child level and then allocated each share by right of representation to the grandchildren in each line.
Right of representation divides the estate into shares at the first generational level containing living descendants and then subdivides any deceased descendant's share among that person's surviving issue. A per capita distribution instead gives each living descendant an equal share regardless of generational level.
No. A testator or settlor may expressly direct distribution by right of representation in a will or trust even when the statute would not otherwise require it.
The share that would have passed to the predeceased beneficiary is divided among that beneficiary's surviving descendants by right of representation rather than lapsing.
…patrician, highly unrepresentative panel of nine is to violate a principle even more fundamental than no taxation without representation: no social transformation without representation. II But what really astounds is the hubris reflected in today’s judicial Putsch. The five Justices who compose today’s majority are…