Legal Question in Wills and Trusts in Georgia
Share and Share Alike
My mother's will has the phrase 'share and share alike'. Is that the same as saying her assets will be split equally between her four children? Does it allow any flexibility in how her assets could be divided (i.e. 20%, 30%, 25% 25%)
2 Answers from Attorneys
Re: Share and Share Alike
Black's Law Dictionary defines "Share and Share alike" as, "In equal shares or proportions. The words commonly indicate per capita division; and they may be applied to a division between classes as well as to a division among individuals." Per capita is, "By the heads or polls; according to the number of individuals; share and share alike. . .in the law of descent and distribution . . denotes that method of dividing an intestate estate by which an equal share is given to each of the number of persons, all of whom stand in equal degree to the decedent. . ." So yes, it means in equal shares.
Re: Share and Share Alike
It means what it says - equal shares.
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