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. New Jersey’s definition of “per stirpes” in an instrument (N.J.S.A. 3B:1-2) reads this way; it is not the intestate default.
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. Not New Jersey’s statutory default; a trust that wants it says so in its own words.
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 New Jersey this is “by representation”, the statutory method for an intestate estate passing to descendants (N.J.S.A. 3B:5-6; N.J.S.A. 3B:5-4(a)) and the meaning of “by representation” or “per capita at each generation” in an instrument (N.J.S.A. 3B:1-2).
The same family tree can come out differently under different governing words — which is why the instrument controls. New Jersey’s statute defines “by representation” for an intestate estate (N.J.S.A. 3B:5-6) and defines “per stirpes”, “per capita” and “by representation” as words of an instrument (N.J.S.A. 3B:1-2); where a governing instrument provides for issue or descendants and expresses no contrary intention, they take by representation (N.J.S.A. 3B:3-41). 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’s intestate share depends on whether a parent or a descendant of the decedent survives and whether every surviving descendant is also the spouse’s (N.J.S.A. 3B:5-3); New Jersey has no community property of its own, and a surviving spouse’s elective share is a separate question (N.J.S.A. 3B:8-1).
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 (NJ 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 New Jersey’s default labeled as the per-capita-at-each-generation division N.J.S.A. 3B:5-6 provides for an intestate estate passing by representation. 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 New Jersey — se pa konsèy legal, e li pa ranplase konsèy yon avoka New Jersey ki gen lisans sou reyalite pa ou. TrusteeClear se yon lojisyèl, pa yon kabinè avoka.