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PaperclipPerfector  1mo ago (text post)   2121 thread views

Small-Scale Question Sunday for November 3, 2024

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"Per capita at each generation" is reverted to "per stirpes", which IMO makes much more sense

I feel like this is surely more common than per capita among heirs. The only exception I can think of is if the deceased grandparent’s child dies young, shortly after having children, and then the children are raised by the grandparent(s) and treated by the will as children.

According to the Uniform Probate Code's commentary, a survey showed that 71 percent of people prefer "per capita at each generation", while only 19 percent prefer "per stirpes". (9 percent prefer a third system that was used in older versions of the Uniform Probate Code but is not explained in the current code's commentary. I guess the remaining 1 percent prefer something else entirely.)

I guess the remaining 1 percent prefer something else entirely.

As a first-born son who has spent a good part of his career untangling complex heirships involving people who died with 9 kids, who each had 7 kids of their own, etc. for a hundred years, I am strongly in favor of primogeniture.

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