01.30.09
Representation per Capita
Representation per capita at each generation reflects the notion that family equally near are equally dear. In an estate, unless otherwise provided for in a will, all grandchildren receive equal shares, even if they are descended through different predeceasing parents. So, imagine an estate in which there are 3 children, only one of which is alive, another deceased leaving 2 children and another deceased leaving 4 children. The living child gets 1/3. The 6 grandchildren share the other 2/3 equally. [2-106]
The Massachusetts Probate Code is not so different as it may appear. While prior law claims to require distribution by right of representation (per stirpes), it actually applies per capita distribution if all issue are in the same degree of kindred. [G.L. c. 190, s. 3]