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Classic PER STIRPES (all children deceased). Divide at the first level below the deceased. Child 1’s 1/3 goes: 1/6 to GC1’s 2 kids, and 1/6 to GC2’s one child. Child 2’s 1/3 goes to her child. Child 3’s 1/3 is divided in thirds, and then those 1/9ths are redivided. - PowerPoint PPT Presentation
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Trusts & Estates - Law 452 - U of C 1
Classic PER STIRPES(all children deceased)
G G randC h 11/12
G G C hild 21/12
G randC hild 1D eceased
G G C hild 31/6
G randC hiild 2D eceased
C hild 1D ecea sed
G G C hild 40
G randC hild 31/3
C hild 2D ecea sed
G G C hild 51/9
G randC hild 4D eceased
G G C hild 61/9
G randC hild 5D eceased
G G C hild 71/27
G G C hild 81/27
G G C hild 91/27
G randC hild 6D eceased
C hild 3D ecea sed
D E C EA SE DProgenitor
Child 1’s 1/3 goes: 1/6 to GC1’s 2 kids, and 1/6 to GC2’s one child.
Child 2’s 1/3 goes to her child.
Child 3’s 1/3 is divided in thirds, and then those 1/9ths are redivided.
Divide at the first level below the deceased
Trusts & Estates - Law 452 - U of C 2
Per Capita with Representation(all children deceased)
G G randC h 11/12
G G C hild 21/12
G randC hild 1D eceased
G G C hild 31/6
G randC hiild 2D eceased
C hild 1D ecea sed
G G C hild 40
G randC hild 31/6
C hild 2D ecea sed
G G C hild 51/6
G randC hild 4D eceased
G G C hild 61/6
G randC hild 5D eceased
G G C hild 71/18
G G C hild 81/18
G G C hild 91/18
G randC hild 6D eceased
C hild 3D ecea sed
D E C E A S E DProgenitor
Division at the first level with a living descendant.
Distribution is per stirpes after the first division.
Divide at the first level with a living member. Every living member, and every deceased member with a descendant, gets 1/6.
Trusts & Estates - Law 452 - U of C 3
1990 UPC - Per Capita at Each Generation(all children deceased)
G G randC h 15/48
G G C hild 25/48
G randC hild 1D eceased
G G C hild 35/48
G randC hiild 2D eceased
C hild 1D ecea sed
G G C hild 40
G randC hild 31/6
C hild 2D ecea sed
G G C hild 55/48
G randC hild 4D eceased
G G C hild 65/48
G randC hild 5D eceased
G G C hild 75/48
G G C hild 85/48
G G C hild 95/48
G randC hild 6D eceased
C hild 3D ecea sed
D E C E A S E DProgenitor
Divide into primary shares at the first generation with living members.
Allocate 1 share to each living member, and to each deceased member with descendants.
The living members (GCh 3) get their shares, and the remaining shares (5/6) are combined and redistributed, as if GCh 3’s line had died out..
Trusts & Estates - Law 452 - U of C 4
Per Stirpes(one child living)
G G randC h 1 G G C hild 2
G randC hild 11/6
G G C hild 3
G randC hiild 21/6
C hild 1D ecea sed
G G C hild 4
G randC hild 3
C hild 21/3
G G C hild 51/9
G randC hild 4D eceased
G G C hild 61/9
G randC hild 5D eceased
G G C hild 71/27
G G C hild 81/27
G G C hild 91/27
G randC hild 6D eceased
C hild 3D ecea sed
D EC EA SEDProgenitor
Per Capita with Representation would be the same, if a child is living.
Divide at the first level below the decedent
Trusts & Estates - Law 452 - U of C 5
Pre 1990 UPC(one child living)
G G randC h 1 G G C hild 2
G randC hild 11/6
G G C hild 3
G randC hiild 21/6
C hild 1D ecea sed
G G C hild 4
G randC hild 3
C hild 21/3
G G C hild 51/15
G randC hild 4D eceased
G G C hild 61/15
G randC hild 5D eceased
G G C hild 71/15
G G C hild 81/15
G G C hild 91/15
G randC hild 6D eceased
C hild 3D ecea sed
D E C E A S E DProgenitor
Divide at the first level with a living member.
Divide for descendants of a deceased member only at the 1st generation with living members
C3’s 1/3 is divided equally among her 5 GGChildren.
Divide at the first generation with a living member
Don’t divide for C3’s children, since they are all dead. Divide at the GGC level
Trusts & Estates - Law 452 - U of C 6
1990 UPC(one child living)
G G randC h 1 G G C hild 2
GrandChild 12/15
1/5 of 2/3
G G C hild 3
GrandChiild 22/15
1/5 of 2/3
C hild 1D ecea sed
G G C hild 4
G randC hild 3
Child 21/3
GGChild 52/25
G randC hild 4D eceased
GGChild 62/25
G randC hild 5D eceased
GGChild 72/25
GGChild 82/25
GGChild 92/25
G randC hild 6D eceased
C hild 3D ecea sed
D E C E A S E DProge nitor
Divide at the first level with a living member.
Combine shares of deceased members and reallocate at next generation.
Divide at the first generation with a living member -- 2/3 is left.
The 2/3 for C1 and C3 are allocated in 5 shares, for GC 1,2,4,5,6.
The 3 shares of GC 4-6 3/5 of 2/3 = 6/15.
That is divided among the 5 GGChildren. (6/15)/5 = 6/75 = 2/25
