HRS § 560:2-709 Representation; Per Capita At Each Generation; Per Stirpes

• Library: Hawaii Statutes
• Edition: 2023
• Currency: Current through 2023 Legislative Session
• Year: 2023
• Citation: HRS § 560:2-709

(a) Definitions. In this section:

"Deceased child" or "deceased descendant" means a child or a descendant who either predeceased the distribution date or is deemed to have predeceased the distribution date under section 560:2-702.

"Distribution date", with respect to an interest, means the time when the interest is to take effect in possession or enjoyment. The distribution date need not occur at the beginning or end of a calendar day, but can occur at a time during the course of a day.

"Surviving ancestor", "surviving child", or "surviving descendant" means an ancestor, a child, or a descendant who neither predeceased the distribution date nor is deemed to have predeceased the distribution date under section 560:2-702.

(b) Representation; per capita at each generation. If an applicable statute or a governing instrument executed after January 1, 1997 calls for property to be distributed "by representation" or "per capita at each generation", the property is divided into as many equal shares as there are:

(1) Surviving descendants in the generation nearest to the designated ancestor which contains one or more surviving descendants; and

(2) Deceased descendants in the same generation who left surviving descendants, if any.

Each surviving descendant in the nearest generation is allocated one share. The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the distribution date.