Will Distribution of Property

Question 1

A will takes effect and is construed…

Answer 1

…at the time of testator’s death.

Question 2

A beneficiary listed in a person’s will does NOT…

Answer 2

…have any interest in the estate property prior to person’s death.

Question 3

Per Stirpes Distribution

Answer 3

• Property is divided at first generational level (even if no living)
• Decased shares pass by representation

Issue take in equal portions the share their deceased ancestor would have taken if living.

Question 4

Per Capita by Representation

(modern per stirpes)

Answer 4

• Property is divided into equal shares at first generation with living takers.
• Shares of each deceased pass to issue through right of representation.

Question 5

Per Capita at Each Generational Level

UPC

Answer 5

• Initial division of shares is made at first generational level with living takers
• remaining shares of surviving descendants are combined and distributed equally at next gen level

Question 6

Heirship Civil-Law Consanguinity

Answer 6

All persons in same degree of relationship of decased take equal shares.

Question 7

Heirship Parentelic Method

(adopted by UPC)

Answer 7

Assets are passed in following order: spouse, descendants, parents, siblings, nieces and nephews.