[WSBAPT] The chart

[Heather de Vrieze]

Susan,

No wonder lay people have different understandings of these things. Even the lawyers can't agree.

The last example in your chart is not at all how I understand per capita. The degree of kinship matters, so that in that example, I would distribute per capita by distributing ¼ each to B & D, with A1, A2, C1, C2, and C3 dividing the remaining 1/2 equally.

Blacks law defines per capita as follows:
PER CAPITA Definition & Legal Meaning
Definition & Citations:
Lat. By the heads or polls; according to the number of individuals: share and share alike. This term, derived from the civil law, is much used in the law of descent and distribution, and denotes that method of dividing an intestate estate by which an equal share is given to each of a number of persons, all of whom stand in equal degree to the decedent, without reference to their stocks or the right of representation. It is the antithesis of per stirpes, (q. v.)

I'm guessing case law in Washington may have explored this, but don't have any cites at hand. I think this is why it is important to be clear in our documents. For example, I might say in a will (having already identified children in the family section) "I give all of my estate to my children, named above, equally. If a child fails to survive me, that child's share shall be distributed to his/her descendants, if any, by right of representation. If a child fails to survive me leaving no surviving descendants, I give that child's share to my remaining named children, equally." Then I define by right of representation. "Where distribution is specified to a person's descendants, by Right of Representation, all children of such person shall be identified. Each then living child shall receive one share and the share of each deceased child shall be divided among such child's descendants in the same manner."

Heather

Heather S. de Vrieze
Attorney-at-Law
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FYI - Heather will be out of the Office September 5-22.

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Susan Donahue
Sent: Friday, September 1, 2023 1:48 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] The chart


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Susan Donahue
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