2013 Maryland Code
ESTATES AND TRUSTS
§ 1-210 - Representation per stirpes

§1-210.

(a) When provision is made for representation in this article, the shares shall be determined in accordance with subsections (b) and (c) of this section.

(b) In the case of issue of the decedent, the property shall be divided into as many equal shares as there are children of the decedent who survive the decedent and children of the decedent who did not survive the decedent but of whom issue did survive the decedent. Each child of the decedent who did survive the decedent shall receive one share and the issue of each child of the decedent who did not survive the decedent but of whom issue did survive the decedent shall receive one share apportioned by applying to the children and other issue of each nonsurviving child of the decedent the pattern of representation provided for in this subsection for the children and other issue of the decedent and repeating that pattern with respect to succeeding generations until all shares are determined.

(c) In the case of issue of a parent, grandparent, or great-grandparent of the decedent, the property shall be divided into as many equal shares as there are lineal descendants of either, or of both, of the pair of parents, grandparents, or great-grandparents, as the case may be, of the nearest degree of relationship to the decedent of whom any survived the decedent and who did so survive, and lineal descendants of the same degree who did not survive the decedent but of whom issue did survive the decedent. Each lineal descendant of the nearest degree surviving the decedent shall receive one share and the issue of each deceased lineal descendant of that degree who left issue surviving the decedent shall receive one share apportioned in the manner of representation set forth for issue of the decedent in subsection (b) of this section.

§ 1-210 - 1. Representation per stirpes -- Wills

(a) Application of subsection (b). -- Unless a contrary intention expressly appears, subsection (b) of this section applies to the provisions of a will requiring that upon the occurrence of an event, distribution shall be made by representation or per stirpes to the issue of one specified person.

(b) Distribution to issue of one specific person. --

(1) On the occurrence of the event designated by the will, the property to be distributed shall be divided into as many equal shares as there are children of the person whose issue are to take by representation or per stirpes, excluding those children who were not living at the time of the occurrence of the event and did not leave issue who were living at the time of the occurrence of the event.

(2) Distribution of the shares shall be made as follows:

(i) One share shall be distributed to each child, who was living at the time of the occurrence of the event; and

(ii) One share shall be distributed among the issue of each child who was not living but who left issue who were living at the time of the occurrence of the event in the same manner distribution is to be made to the issue of one specified person as provided by this subsection.

(c) Application of subsection (d). -- Unless a contrary intention expressly appears, subsection (d) of this section applies to the provisions of a will requiring that on the occurrence of an event, distribution shall be made by representation or per stirpes to the issue of:

(1) Several persons indicated in the will who are specifically named or in any manner described, designated, or identified; or

(2) Persons who are members of a class that is specifically named, or in any manner described, designated, or identified.

(d) Distribution to issue of several persons. --

(1) When the person whose issue are to take by representation or per stirpes is a person who is a member of a class or is one of several indicated persons in a will, on the occurrence of the event designated by the will, the property to be distributed shall be divided into as many equal shares as there are:

(i) Members of the class or indicated persons, as the case may be, who are living at the time of the occurrence of the event; and

(ii) Members of the class or indicated persons, as the case may be, who were not living at the time of the occurrence of the event, but who left issue who were living at the time of the occurrence of the event.

(2) Each share shall be divided into as many equal portions as there are children of each member of the class or each indicated person whose issue are to take by representation or per stirpes, excluding those children who were not living at the time of the occurrence of the event and who did not leave issue who were living at the time of the occurrence of the event.

(3) Distribution of the equal portions shall be distributed as follows:

(i) One portion shall be distributed to each child who was living at the occurrence of the event; and

(ii) The equal portion allocated to a child who was not living but who left issue who were living at the time of the occurrence of the event, shall be distributed in the same manner as distribution is to be made to the issue of one specified person as provided by subsection (b) of this section.