Right of Representation

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The term by right of representation denotes that method of dividing an estate by which an equal share is given to all those persons of a class who are related in the same degree to the decedent.  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 the granddaughters to the deceased) and the Last Will and Testament provides that the deceased’s descendants shall share by right of representation and both children predecease the decedent, then each grandchild shall receive an equal one-fourth share of the estate.

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