Legal Question in Wills and Trusts in Illinois

The term is intended to clarify what happens with an estate should someone named to share in the estate predecease the testator. Unfortunately, the more common phrases used are "per capita" and "per stirpes." "By representation" is not quite as clear. With a distribution per capita, those to whom that applies, typically those in the same generation, will take equal shares. So, if A, B and C are due to inherit, but A and B have passed at the time, C would get the one-third expected, but then the two-thirds that would have gone to A and B would be split equally. For example, if A had two children and B had four children, there would be six equal shares. That is different from "per stripes," under which the shares follow the lines, meaning that A's two children would split A's one-third, B's four children would split B's one-third and C would of course get his one-third. "Per stirpes" is the more common distribution used in Illinois, but that means in a situation where this comes up, such as the above example, that the grandchildren born into a larger family will inherit more money than those that are born into a small family. One method is not more proper than the other, it is just something that one should evaluate in consultation with an attorney when preparing an estate plan. "By representation" probably means per stripes, but the exact context in which any of these phrases are used may impact the interpretation of the testator's intent and even state by state the interpretations may vary. Your five-word question does not provide much to go on, but in any event, even had you laid it out in detail, a solid answer within the limits of a space like this would be impossible and the best suggestion is to consult with a well-recommended estate planning or probate attorney (not sure if you are trying to prepare something or interpret something already prepared). I would note that there is not a single estate planning document that I have seen that was self-prepared without issues.