Per stiripes distribution

johnnyskeleton

Where there are several generations of children of an intestate, what proportion does each generation claim, or is it that the generation nearest to the intestate inherit absolutely?

Rhonda9000

According to Murdoch; "divided amongst those entitled to it according to the number of stocks of descent i.e. children representing a deceased parent take in equal shares the share which would have been taken by their deceased parent had he survived, and they may in turn be represented in a simliar way by their own issue through all degrees" See 1965 Act s. 3 [his recommendation not mine]

Victor

I concur.

What may no be addressed is the matter of unknown issue or issue that have more than one ancestor who are issue of the deceased.

johnnyskeleton

What I mean is how does the rule apply where there is, for example:

A grandfather (the intestate)

3 living children, 1 deceased child

10 grandchildren of the 3 living children, 2 grandchildren of the deceased child.

So would the property be divided among the 3 living children with each getting a quarter of the estate, and the 2 grandchildren getting one eight of it; the 10 other grandchildren getting squat, or does it pass to the 3 living children in 1/3 shares, or does it pass to all issue (children and grandchildren) with the children getting larger shares than any one of the grandchildren?

suzieq07

Not every descendant inherits under the per stirpes rule. In the eg above the 3 living children and the issue of the deceased child (grandchildren) would divide the inheritance like you said - 1/4 each (so the latter would have to share their parent's 1/4 share between the two of them i.e. 1/8 each). The grandchildren who are children of a living child of the deceased would get nothing from the intestate estate.