Pure per stirpes is a form of inheritance distribution in which equal shares of the estate are distributed to each branch of the family, even if a member of the descending branch died before the deceased. The issue of a predeceased descendant would take the offspring of the deceased and divide it equally under this regime. Per capita generation is another method of inheritance distribution, in which each generation with surviving heirs receives an equal share of the estate. For example, if a deceased person has three children (A, B, C), two children A and B with one child each (A1, B1) before the deceased, and surviving child C has no descendants, each descendant (C, A1, B1) would receive equal shares of the estate. (purring peas) Latin adj. for “to the roots”, depending on the representation. The term is often used in wills and trusts to describe distribution when a beneficiary dies before the person whose estate is divided. Example: “I leave $100,000 to my daughter Eleanor, and if she dies before me, her children.” So if Eleanor dies before her parents, the $100,000 will be divided equally among her children. One way to make this clearer is to replace Per stirpes: “. their children, through the right to representation, share and share equitably,” which is clear to the non-lawyer.
If no distribution to the children of a predeceased child is provided, the gift becomes part of the rest (what remains after some donations), and grandchildren are not allowed to share if there are surviving children of the donor. Per capita representation, also known as modified pro-stirpees, is a distribution regime that divides estates whereby the generation of heirs closest to the deceased is represented by the surviving members. If the next generation has predeceased group members who leave no descendants, the surviving members of that generation will also take. When the predeceased group members of the next generation leave the show, all the surviving members of that next generation take first, and then the rest of these primary actions go to the issue of the predeceased offspring, which are divided equally among themselves. These sample sentences are automatically selected from various online information sources to reflect the current use of the word “predeceased”. The views expressed in the examples do not represent the views of Merriam-Webster or its editors. Send us your feedback. “Predecease.” Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/predecease. Retrieved 6 November 2022. In the law of the will, a spouse who dies before the author of the will while still married to him. Thesaurus: All synonyms and antonyms for before death Predeceased means either dying before another person does, or another person does not.
In the field of inheritance and trust law, it is important that a person who is to be included as a beneficiary in a will has died before the person who draws up the will, the testator. Most jurisdictions have adopted some form of anti-slip of the tongue law to prevent the loss of an inheritance in this scenario. In situations where a person dies before someone who eventually dies without succession, or without leaving a will, an probate court may use other mechanisms to determine which descendants of the estate should inherit under statutory inheritance laws. In California, for example, the Estate Code § 6400-6414 governs what happens when a spouse dies before a deceased person, and also governs legal succession in general. Other mechanisms include the division of succession by agitation, per capita by generation and per capita with representation.