Passage by representation.

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(1) If a distributive share of a wholly or partially intestate estate passes by representation to a person’s descendants, the share is divided into as many equal shares as there are:

(a) Surviving descendants in the generation nearest to the person that contains one or more surviving descendants; and

(b) Deceased descendants, in the generation nearest to the person that contains one or more surviving descendants, who left surviving descendants, if any.

(2) Each share created for a surviving descendant in the nearest generation is distributed to that descendant. Each share created for a deceased descendant is distributed to the descendants of the deceased descendant by representation as described in this section. [1969 c.591 §24; 2015 c.387 §6; 2016 c.42 §6]


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