14-2709. Property distribution by representation or per capita at each generation; distribution per stirpes; application of section; definitions

A. If an applicable statute or a governing instrument calls for property to be distributed by representation or per capita at each generation, the property is divided into as many equal shares as there are surviving descendants in the generation nearest to the designated ancestor that contains one or more surviving descendants and deceased descendants in the same generation who left any surviving descendants. Each surviving descendant in the nearest generation is allocated one share. Any remaining shares are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the distribution date.

B. If a governing instrument calls for property to be distributed per stirpes, the property is divided into as many equal shares as there are surviving children of the designated ancestor and deceased children who left surviving descendants. Each surviving child is allocated one share. The share of each deceased child with surviving descendants is divided in the same manner, with subdivision repeating at each succeeding generation until the property is fully allocated among surviving descendants.

C. For the purposes of subsections A and B of this section, a person who is deceased and who left no surviving descendant is disregarded. A person who leaves a surviving ancestor who is a descendant of the designated ancestor is not entitled to a share.

D. This section applies to governing instruments executed after December 31, 1994. In the case of a codicil to a will, an amendment to a trust or another document amending a governing instrument, the date of execution is the date of the codicil, amendment or amending document only if the codicil, amendment or amending document materially affects the dispositive provision being construed under this section.

E. For the purposes of this section:

1. " Deceased child" or " deceased descendant" means a child or a descendant who either predeceased the distribution date or is deemed to have predeceased the distribution date under section 14-2702.

2. " Distribution date" with respect to an interest means the time when the interest is to take effect in possession or enjoyment. Distribution date does not mean a date that necessarily occurs at the beginning or end of a calendar day but that may occur at a time during the course of a day.

3. " Surviving ancestor" , " surviving child" or " surviving descendant" means an ancestor, a child or a descendant who neither predeceased the distribution date nor is deemed to have predeceased the distribution date under section 14-2702.