Per capita at each generation and per stirpes, for Michigan 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. In Michigan this is what "per stirpes" means in a governing instrument (MCL 700.2718(2)).

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. Michigan’s statute gives no instrument phrase this meaning — 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 Michigan this is the division of an intestate estate among descendants (MCL 700.2106), and what both "by representation" and "per capita at each generation" mean in an instrument created or amended on or after April 1, 2000 (MCL 700.2718(1)).

The same family tree can come out differently under different governing words — which is why the instrument controls. In Michigan the words matter twice: "by representation", "per capita at each generation" and "per stirpes" each have a statutory meaning when an instrument uses them (MCL 700.2718), and intestacy divides per capita at each generation (MCL 700.2106). A trust may also define its own scheme or name alternate takers, and reading a particular instrument against the statute is licensed-attorney work.