The three systems, in one sentence each
Strict per stirpes — Florida’s default (§732.104): the division always begins at the children’s generation, one share per surviving branch; a deceased child’s share splits among that child’s own descendants.
Per capita with representation — divide at the nearest generation with a living member; below that, the branch math is identical.
The 1990 UPC rule (per capita at each generation) — divide at the nearest generation with survivors; the deceased members’ shares pool and split equally among the next generation’s takers, so equally-near relatives take equally.
The same family tree can come out differently under different governing words — which is why the instrument controls, and why antilapse (§736.1106 for trusts; §732.603 for wills) can also preserve a lapsed gift for a predeceased beneficiary’s descendants in defined circumstances.
Try the arithmetic yourself
Model a family shape — who is living, who left children — and see each system’s exact split. Two generations (children and grandchildren); this is the math of each rule, not a suggestion of which to use.
Child 1
Child 2
- Grandchild 2.1
Child 3
- Grandchild 3.1
- Grandchild 3.2
| Person | Strict per stirpes (FL default) | Per capita w/ representation | UPC per capita at each generation |
|---|---|---|---|
| Child 1 | 1/3 (33.3%) | 1/3 (33.3%) | 1/3 (33.3%) |
| Grandchild 2.1 | 1/3 (33.3%) | 1/3 (33.3%) | 2/9 (22.2%) |
| Grandchild 3.1 | 1/6 (16.7%) | 1/6 (16.7%) | 2/9 (22.2%) |
| Grandchild 3.2 | 1/6 (16.7%) | 1/6 (16.7%) | 2/9 (22.2%) |
Arithmetic only — the exact fractions each rule produces for the shape you modeled, with Florida’s default labeled as what §732.104 provides (and §736.1106 echoes for trusts). Not advice, and never a statement of which rule YOUR trust uses — the instrument’s own words decide that, and reading them is licensed-attorney work.
The Learning Center is general information about Florida law — not legal advice, and not a substitute for advice from a licensed Florida attorney about your specific facts. TrusteeClear is software, not a law firm.
Frequently asked questions
- What does per stirpes mean under Florida law?
- §732.104 divides at the generation nearest the ancestor — one share per living member and one per deceased member who left descendants, with a deceased member's share passing down that member's own line. Florida's intestacy rules use this scheme, and many trusts adopt it by reference; §736.1106 speaks to trust antilapse.
- Which distribution rule does my trust use?
- The trust instrument's own words decide — a trust may say per stirpes, per capita, define its own scheme, or name alternate takers. This page shows each rule's arithmetic; reading a particular instrument against the statutes is work for a licensed Florida attorney.
- Do the three systems always produce different shares?
- No — while every child is living they produce identical shares. The rules diverge only after certain deaths, which is exactly when the wording in the instrument starts to matter.
General information about Florida law, not legal advice.