Systems of Representation

In California, when a person dies and leaves property to their heirs, the default rule is to divide the property among the first generation of living beneficiaries. There are different methods to distribute the property: strict per stirpes divides it based on the number of children, while per capita divides it equally among all living beneficiaries at each generation.

John passes away leaving his estate to his three children, Alice, Bob, and Carol. If Alice has already passed away and has two children, under strict per stirpes, Bob and Carol would each receive one-third of the estate, while Alice's children would share her one-third. If the will specified per capita at each generation, then John’s estate would be divided into five equal shares, with Alice's children each receiving one-fifth.

California divides inheritance at the first living generation—think 'first come, first served'!

Students often confuse the different methods of distribution, especially between strict per stirpes and per capita, leading to incorrect calculations of shares.

Questions typically present a scenario involving multiple generations of beneficiaries and ask how the estate should be divided, testing the application of the different distribution methods.