Per capita at each generation, per stirpes and representation, for Utah 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. Not Utah’s intestate default; a trust that uses the words is read on its own terms, with § 75-2-709 the section Utah points to for an instrument’s “per stirpes”.

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 Utah’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 Utah this is the statutory method for an intestate estate passing to descendants (Utah Code § 75-2-106(2); § 75-2-103(1)(a)).

The same family tree can come out differently under different governing words — which is why the instrument controls. Utah’s statute defines “per capita at each generation” for an intestate estate (Utah Code § 75-2-106) and reads an instrument’s “per capita”, “per stirpes”, “by representation” and similar words under § 75-2-709; 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 every surviving descendant is also the spouse’s descendant (§ 75-2-102); Utah has no community property of its own, and a spouse’s elective share against a will or a trust is a separate question (§ 75-2-202).