Per stirpes, representation and per capita at each generation, for Ohio trustees

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. Ohio’s statute of descent divides this way among an intestate’s children (R.C. 2105.06(A)), and many Ohio trusts use the 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 Ohio’s intestate default; a trust may adopt it by its 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. Ohio reaches an equal division only where all the surviving descendants are of equal degree (R.C. 2105.12); a trust may adopt the rule by its words.

The same family tree can come out differently under different governing words — which is why the instrument controls. Ohio’s statute states the per stirpes division for an intestate estate (R.C. 2105.06); whether a particular trust’s “per stirpes”, “by representation” or “per capita” means one system or another is a question of the instrument’s own words, which a licensed Ohio attorney of your choosing can read with you.