Legal Question in Wills and Trusts in Georgia

Re: question on a will

Typically, this would indicate the testator's wish that each generational level receive and divide equally among themselves the subject property.

for example, if the Will reads that if a child predeceased the parent, then that child's share will pass to that deceased child's lineal descendants (children, grandchildren and so on)share and share alike, per stirpes.

Then the surviving grandchildren (the children of the deceased child of the parent/testator) would divide that child (their parent's) share equally among themselves.

Now, if suppose one of those child had also died and had left great grandchildren surviving, then the per stirpes modifier term would further provide that the deceased grandchild's portion of the parent's share, would further pass down, and be divided equally among those then surviving great grandchildren of the testator.

Hope that rambling makes some sense. As you can readily see, use of those 6 words in the term "share and share alike, per stirpes" as a legal or technical term for divisions of property, saves that drafting attorney a couple of paragraphs of otherwise explaining in detail what the testator/client's wishes to happen to their property in the event one of the primary named beneficiaries (his children) where to pass away after the Will had been written and before the testator's death without a Will update to account for that named beneficiary's passing.

Hope this helps, and if you have other questions of a specific nature, please let us know or we would be happy to review a particular will provision with which you have questions.

Have a blessed weekend and Lord's Day. Chip