[WSBAPT] Class of contingent beneficiaries

Fri Sep 1 14:32:36 PDT 2023

With the right facts, there may be a distinction.  I think per stirpes makes the division into shares at the children’s level, regardless of whether any of the children survive the testator.  Our Washington “right of representation” makes the division into shares at the first generation with a surviving member.  If all children are deceased, then our statute would make the division of shares at the level of the grandchildren.

Amy Lewis, Attorney
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Rebecca King
Sent: Friday, September 1, 2023 2:22 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Class of contingent beneficiaries

I agree with Heather. "Per stirpes" and "by right of representation" are the same thing. See definition of representation under RCW 11.02.005:
(17) "Representation" refers to a method of determining distribution in which the takers are in unequal degrees of kinship with respect to a decedent, and is accomplished as follows: After first determining who, of those entitled to share in the estate, are in the nearest degree of kinship, the estate is divided into equal shares, the number of shares being the sum of the number of persons who survive the decedent who are in the nearest degree of kinship and the number of persons in the same degree of kinship who died before the decedent but who left issue surviving the decedent; each share of a deceased person in the nearest degree must be divided among those of the deceased person's issue who survive the decedent and have no ancestor then living who is in the line of relationship between them and the decedent, those more remote in degree taking together the share which their ancestor would have taken had he or she survived the decedent.

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Rebecca King
Attorney

Northwest Elder Law Group
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Heather de Vrieze
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Subject: Re: [WSBAPT] Class of contingent beneficiaries

I can't see your chart, but I think they are the same. Black's Law Dictionary agrees with this. https://thelawdictionary.org/per-stirpes/<https://thelawdictionary.org/per-stirpes>

PER STIRPES Definition & Legal Meaning
Definition & Citations:
Lat. By roots or stocks; by representation. This term, derived from the civil law, is much used in the law of descents and distribution, and denotes that method of dividing an intestate estate where a class or group of distributees take the share which their stock (a deceased ancestor) would have been entitled to, taking thus by their right of representing such ancestor, and not as so many individuals; while other heirs, who stand in equal degree with such ancestor to the decedent, take each a share equal to his. See Rotmanskey v. Heiss, 86 Md. 633, 39 Atl. 415.

Heather

Heather S. de Vrieze
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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Susan Donahue
Sent: Friday, September 1, 2023 1:35 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Class of contingent beneficiaries

I appreciate this discussion. I made this chart to explain the three kinds of beneficiaries. Maybe too simple. But I’m my chart (mind) per stirpes and by representation are two distinct distribution schemes. Am I wrong in this chart?

Susan Donahue

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