2009 California Probate Code - Section 245-247 :: Chapter 2. Distribution Under A Will, Trust, Or Other Instrument

PROBATE CODE
SECTION 245-247

245.  (a) Where a will, trust, or other instrument calls for
property to be distributed or taken "in the manner provided in
Section 240 of the Probate Code," or where a will, trust, or other
instrument that expresses no contrary intention provides for issue or
descendants to take without specifying the manner, the property to
be distributed shall be distributed in the manner provided in Section
240.
   (b) Use of the following words without more, as applied to issue
or descendants, is not an expression of contrary intention:
   (1) "Per capita" when living members of the designated class are
not all of the same generation.
   (2) Contradictory wording, such as "per capita and per stirpes" or
"equally and by right of representation."

246.  (a) Where a will, trust, or other instrument calls for
property to be distributed or taken "in the manner provided in
Section 246 of the Probate Code," the property to be distributed
shall be divided into as many equal shares as there are living
children of the designated ancestor, if any, and deceased children
who leave issue then living. Each living child of the designated
ancestor is allocated one share, and the share of each deceased child
who leaves issue then living is divided in the same manner.
   (b) Unless the will, trust, or other instrument expressly provides
otherwise, if an instrument executed on or after January 1, 1986,
calls for property to be distributed or taken "per stirpes," "by
representation," or "by right of representation," the property shall
be distributed in the manner provided in subdivision (a).
   (c) If a will, trust, or other instrument executed before January
1, 1986, calls for property to be distributed or taken "per stirpes,"
"by representation," or by "right of representation," the property
shall be distributed in the manner provided in subdivision (a),
absent a contrary intent of the transferor.

247.  (a)  Where a will, trust, or other instrument calls for
property to be distributed or taken "in the manner provided in
Section 247 of the Probate Code," the property to be distributed
shall be divided into as many equal shares as there are living
members of the nearest generation of issue then living and deceased
members of that generation who leave issue then living. Each living
member of the nearest generation of issue then living is allocated
one share, and the remaining shares, if any, are combined and then
divided and allocated in the same manner among the remaining issue as
if the issue already allocated a share and their descendants were
then deceased.
   (b) Unless the will, trust, or other instrument expressly provides
otherwise, if an instrument executed on or after January 1, 1986,
calls for property to be distributed or taken "per capita at each
generation," the property shall be distributed in the manner provided
in subdivision (a).
   (c) If a will, trust, or other instrument executed before January
1, 1986, calls for property to be distributed or taken "per capita at
each generation," the property shall be distributed in the manner
provided in subdivision (a), absent a contrary intent of the
transferor.


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