Montre nan lang ou kòm yon tradiksyon otomatik, ki ap tann revizyon yon moun ki pale lang lan natifnatal. Rezime lwa yo ak orijinal anglè a rete sous referans lan.
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. In Colorado this is what "per stirpes" means in a governing instrument (C.R.S. §15-11-709(3)).
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 the same way to that member’s descendants. In Colorado this is what "by representation" means in a governing instrument, unless the instrument provides otherwise (C.R.S. §15-11-709(5)).
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. In Colorado this is the division of an intestate estate among descendants (C.R.S. §15-11-106) and the meaning of "per capita at each generation" in an instrument (§15-11-709(2)).
The same family tree can come out differently under different governing words — which is why the instrument controls. In Colorado the words matter twice: "per capita at each generation", "per stirpes" and "by representation" each have a statutory meaning when an instrument uses them (C.R.S. §15-11-709), and intestacy uses per capita at each generation (§15-11-106). A trust may also define its own scheme or name alternate takers, and reading a particular instrument against the statute is licensed-attorney work.
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 | Per capita w/ representation | UPC per capita at each generation (CO default) |
|---|---|---|---|
| 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 Colorado’s default labeled as what C.R.S. §15-11-106 provides for an intestate estate. 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.
Sant Aprantisaj la se enfòmasyon jeneral sou lwa Kolorado — se pa konsèy legal, e li pa ranplase konsèy yon avoka Kolorado ki gen lisans sou reyalite pa ou. TrusteeClear se yon lojisyèl, pa yon kabinè avoka.