Legal Question in Wills and Trusts in Pennsylvania

If a will reads that 1/3 share will go to each son or in passing to their heirs, does the 1/3 share that goes to each heir.

hire was 3 sons, all 3 sons are deceased

1 son had 2 kids

1 son had 1 child

1 son had 5 kids

if each get 1/3 does the 1/3 that is given to the heir of the 5 kids, does that get split equally among the 5 kids


Asked on 4/28/10, 9:22 am

1 Answer from Attorneys

The words you need to look for in the will are "per stirpes" or "per capita". If neither are used in the will, the default rule depends on the state where probate is occurring.

If I understand the facts as the decedent had 3 children (sons), but all 3 sons pre-deceased him, the answer would be as follows:

Per Stirpes: Son A's two kids each get a 1/6 share. Son B's kid gets a 1/3 share, and Son C's kids each get a 1/15 share.

Per Capita: Each grandchild receives a 1/8 share.

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Answered on 5/04/10, 12:59 pm


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