§560:2-709  Representation; per capita at
each generation; per stirpes.  (a)  Definitions.  In this section:



"Deceased child" or "deceased
descendant" means a child or a descendant who either predeceased the
distribution date or is deemed to have predeceased the distribution date under
section 560:2-702.



"Distribution date", with respect to
an interest, means the time when the interest is to take effect in possession
or enjoyment.  The distribution date need not occur at the beginning or end of
a calendar day, but can occur at a time during the course of a day.



"Surviving ancestor", "surviving
child", or "surviving descendant" means an ancestor, a child, or
a descendant who neither predeceased the distribution date nor is deemed to
have predeceased the distribution date under section 560:2-702.



(b)  Representation; per capita at each
generation.  If an applicable statute or a governing instrument executed after
January 1, 1997 calls for property to be distributed "by
representation" or "per capita at each generation", the property
is divided into as many equal shares as there are:



(1)  Surviving descendants in the generation nearest
to the designated ancestor which contains one or more surviving descendants;
and



(2)  Deceased descendants in the same generation who
left surviving descendants, if any.



Each surviving descendant in the nearest
generation is allocated one share.  The remaining shares, if any, are combined
and then divided in the same manner among the surviving descendants of the
deceased descendants as if the surviving descendants who were allocated a share
and their surviving descendants had predeceased the distribution date.



(c)  Per stirpes.  If a governing instrument
executed after January 1, 1997 calls for property to be distributed "per stirpes",
the property is divided into as many equal shares as there are:



(1)  Surviving children of the designated ancestor;
and



(2)  Deceased children who left surviving descendants.



Each surviving child, if any, is allocated one
share.  The share of each deceased child with surviving descendants is divided
in the same manner, with subdivision repeating at each succeeding generation
until the property is fully allocated among surviving descendants.



(d)  Deceased descendant with no surviving
descendant disregarded.  For the purposes of subsections (b) and (c), an
individual who is deceased and left no surviving descendant is disregarded, and
an individual who leaves a surviving ancestor who is a descendant of the
designated ancestor is not entitled to a share. [L 1996, c 288, pt of §1]



 



Revision Note



 



  In subsections (b) and (c), "January 1, 1997"
substituted for "the effective date of this section".



 



Cross References



 



  Uniform transfer-on-death (TOD) security registration act,
see chapter 539.