Section 2–106. (a) [Representation.]

Ask a will, trust or estate question, get an answer ASAP!
Thousands of highly rated, verified estate & trust lawyers.
Click here to chat with a lawyer about your rights.

In this section:

(1) ”Deceased descendant”, ”deceased parent”, or ”deceased ancestor”, a descendant, parent, or ancestor who predeceased the decedent.

(2) ”Surviving descendant”, a descendant who survived the decedent.

(b) If, under section 2–103(1), a decedent’s intestate estate or a part thereof passes ”per capita at each generation” to the decedent’s descendants, the estate or part thereof is divided into as many equal shares as there are (i) surviving descendants in the generation nearest to the decedent that contains 1 or more surviving descendants, and (ii) deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation is allocated 1 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 in the nearest generation and their surviving descendants had predeceased the decedent.

(c) If, under section 2–103(3), a decedent’s intestate estate or a part thereof passes ”per capita at each generation” to the descendants of the decedent’s deceased parents or either of them, the estate or part thereof is divided into as many equal shares as there are (i) surviving descendants in the generation nearest the deceased parents or either of them that contains 1 or more surviving descendants, and (ii) deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation is allocated 1 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 in the nearest generation and their surviving descendants had predeceased the decedent.