EPTL 2-1.2 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 2-1.1 Heirs at law and next of kin defined up PART 1 Substantive Rules Governing Dispositions next SECTION 2-1.3 Adopted children and posthumous children as members of a class Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 2-1.2 Issue to take per capita, per stirpes or by representation Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 2, PART 1 § 2-1.2 Issue to take per capita, per stirpes or by representation (a) Instruments executed prior to September first, nineteen hundred ninety-two. Whenever a disposition of property is made to "issue", such issue, if in equal degree of consanguinity to their common ancestor, take per capita, but if in unequal degree, per stirpes, unless a contrary intention is expressed. (b) Instruments executed on or after September first, nineteen hundred ninety-two. Whenever a disposition of property is made to "issue", such issue take by representation as defined in 1-2.16, unless a contrary intention is expressed.