Affiché dans votre langue en traduction automatique, en attente de relecture par un locuteur natif. Les résumés des lois et l'original en anglais restent la source de référence.
The three systems, in one sentence each
Strict per stirpes — the division always begins at the children’s generation, one share per child living or deceased with descendants living; a deceased child’s share splits among that child’s own descendants. Maryland’s statutory method for a decedent’s issue — "representation" (Est. & Trusts § 1-210(b), applied by § 3-103).
Per capita with representation — divide at the nearest generation with a surviving member: one share for each survivor there and for each deceased member who left descendants; a deceased member’s share passes down to that member’s own descendants. Maryland uses this nearest-degree division for the issue of a parent, grandparent or great-grandparent (Est. & Trusts § 1-210(c)); for a decedent’s own issue it is not the default.
Per capita at each generation — divide at the nearest generation with survivors; the deceased members’ shares are combined and divided equally among the next generation’s takers, so equally-near relatives take equally. Not Maryland’s statutory default; a trust that wants it says so in its own words.
The same family tree can come out differently under different governing words — which is why the instrument controls. Maryland’s statute defines representation (Est. & Trusts § 1-210), and its rules for construing a will’s gifts by representation or per stirpes apply to an inter vivos trust unless the trust says otherwise (Est. & Trusts §§ 1-210.1, 14.5-112); a trust may define its own scheme or name alternate takers, and reading a particular instrument against the statute is licensed-attorney work. A surviving spouse or registered domestic partner takes the entire intestate estate — one-half where a minor child survives, and the first $100,000 plus one-half of the rest where there is no minor child but there is issue who are not the spouse’s or partner’s (Est. & Trusts § 3-102). Maryland also gives a surviving spouse an elective share of one-third or one-half of the estate subject to election, reduced by the spousal benefits, and a trust revocable at the death is part of that estate (Est. & Trusts § 3-403; Md. Rule 10-803) — questions this page explains and the calculator does not compute.
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 (MD 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 Maryland’s default labeled as the strict per stirpes division Est. & Trusts § 1-210(b) defines for a decedent’s issue. The spouse’s intestate share and the elective share are explained, not computed. 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.
Le Centre d'apprentissage est de l'information générale sur la loi du Maryland — pas un avis juridique, ni un substitut aux conseils d'un avocat du Maryland agréé sur vos faits précis. TrusteeClear est un logiciel, pas un cabinet.