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. Not North Carolina’s intestate method; a trust that wants it says so in its own words.
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 North Carolina’s intestate method; 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. This is the arithmetic of North Carolina’s intestate division among descendants — divided at each generation (N.C. Gen. Stat. § 29-16(a)).
The same family tree can come out differently under different governing words — which is why the instrument controls. North Carolina’s intestacy statute reaches a trust only where the trust itself sends property to a person’s heirs or next of kin, or fails and passes by intestacy; a trust may 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 (NC 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 North Carolina’s default labeled as the division at each generation N.C. Gen. Stat. § 29-16(a) provides for an intestate estate passing to descendants. 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 Kawolin dinò — se pa konsèy legal, e li pa ranplase konsèy yon avoka Kawolin dinò ki gen lisans sou reyalite pa ou. TrusteeClear se yon lojisyèl, pa yon kabinè avoka.