JohnSteve Tina Samantha
(Steve) – Don, Donna, Doug, Derek
(Tina) – Alicia, Allison
Samantha – Brittany, Bryan
In the case that the money is passed down on a per stirpes basis, then each branch of the family would receive an equal share. This would mean, first, that because Samantha is still living, she would receive the entirety of her share of the will, and her children would be entitled to nothing directly. This means that she would be entitled to 1/3 of the $200,000, or a payment of $66,666. Her children may receive money when she dies, but for now, this part of the inheritance is hers under this particular interpretation.
Because the other two children of John are dead, this kind of distribution would ensure that each branch of the family still gets an equal share, but that would then be divided among the children in those branches. For instance, both Steve and Tina’s heirs would be in line for $66,666 in total, but this would need to be split among them. For Tina, the calculation is easy. Her children would each receive $33,333, leaving this branch with a $66,666 share, equal to Samantha’s branch’s share.
Steve’s children would also receive a $66,666 share collectively. Each child in this scenario would receive $16,666.50. Added up, this would lead to an equal share for this branch in line with the will’s wishes.
If things are done on a “by representation” basis, then there exists a different situation. As the living heir, Samantha still receives $66,666. However, now, because of the change, the other remaining grandchildren will receive equal shares of the inheritance, no matter how many siblings were in each branch. There are six of them, so when one breaks down the remainder, each child gets $22,222.33. Samantha’s children are still not entitled to anything under this arrangement because their mother is living.