[WSBAPT] Class of contingent beneficiaries

[Susan Donahue]

In this sense of the RCW per stirpes and representation are the same. But there is another method also called by representation that goes by generation that is illustrated on my chart. 

Susan Donahue 


> On Sep 1, 2023, at 2:31 PM, Rebecca King <rebecca at nwelg.com> wrote:
> 
> 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.
> 
> Warmest regards,
> Rebecca King
> Attorney
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> -----Original Message-----
> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Heather de Vrieze
> Sent: Friday, September 1, 2023 2:03 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> 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/
> 
> PER STIRPES Definition & Legal Meaning
> Definition & Citations:
> Lat. By roots or stocks; by representation. This term, derived from the