What does per capita with representation mean in estate distribution?

Study for the Wills Bar Exam. Prepare with flashcards and multiple choice questions; every question has hints and explanations. Get ready for your exam success!

Per capita with representation refers to a method of distributing an estate among heirs that allows for a fair and equitable division, considering both living descendants and those who are deceased. In this system, living descendants inherit shares of the estate, and if a descendant has passed away, their share is distributed to their own children or descendants. This ensures that the deceased’s portion doesn’t simply disappear or get ignored; rather, it continues down the generational line through their children, maintaining a connection to the original heir's share while also respecting the family lineage.

This approach helps to preserve family rights and ensure that the estate benefits all descendants fairly. For instance, if a grandparent leaves an estate to their children and one child has died leaving two children of their own, that deceased child’s share would be divided equally between their children, while the remaining living siblings receive their shares directly.

The other options do not accurately reflect this principle, as they either neglect the rights of descendants of deceased heirs or fail to account for the generational representation aspect integral to the definition of per capita with representation.

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