A doctrine of inheritance law whereby descendants of a deceased heir stand in that heir's place and take the share their ancestor would have received. Also called "per stirpes" distribution—if a child predeceases the testator, that child's children (the grandchildren) take by representation, splitting their parent's share.
Representation means grandchildren can step into their deceased parent's shoes and inherit what their parent would have gotten. If your dad dies before your grandma, you can "represent" your dad and receive his share of grandma's estate, split with your siblings.
⏱ When you'll encounter this term
- When a beneficiary dies before the person who made the will
- Intestacy situations involving grandchildren
- Will clauses stating "to my children, or their issue by representation"
- Dividing estates among branches of a family
"Grandad's will left his estate to his three children equally. When my father died before Grandad, my brother and I inherited by representation—we took Dad's one-third share, splitting it between the two of us."
⚖️ Compare: By Representation (Per Stirpes) vs Per Capita
Maintains family branches. Grandchildren split their deceased parent's share. Each family branch receives equal portion.
Everyone in generation shares equally. All grandchildren receive same amount regardless of which parent they're from.
💡 Did you know?
The principle of representation has been recognized in law for centuries to prevent families from being disinherited just because the middle generation died young. Without it, grandchildren would get nothing if their parent died before the grandparent.