Per Capita

Right of Representation
September 8, 2014
Per Stirpes
September 8, 2014
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Per Capita

The term Per Capita denotes that method of dividing an estate by which an equal share is given to each of a number of persons, all of whom stand in equal degree to the decedent.  The term literally means by the head.  For instance, where the deceased has a son with one son (who is a grandson to the deceased) and a daughter with three daughters (who are granddaughters to the deceased) and the Last Will and Testament provides that the deceased’s children shall share Per Capita and where both children predecease the decedent, then the grandchildren receive nothing and the estate passes under the residuary clauses of the Trust or Last Will.  If such Trust or Law Will or the applicable residuary clauses provide that the residue goes to the issue of the deceased Per Capita, then all four grandchildren, all of whom stand in equal degree to the deceased, would each receive an equal share.

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