Maine Revised Statutes Title 18-C. Probate Code § 2-709. Per capita at each generation; per stirpes or by representation

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

2. Per capita at each generation. If an applicable statute or a governing instrument calls for property to be distributed “per capita at each generation,” the property is divided into as many equal shares as there are:

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.

3. Per stirpes or by representation. If a governing instrument calls for property to be distributed “per stirpes” or “by representation,” the property is divided into as many equal shares as there are:

Each surviving child, if any, is allocated one share. The share of each deceased child with surviving descendants is divided in the same manner, with subdivision repeating at each succeeding generation until the property is fully allocated among surviving descendants.

4. Deceased descendant with no surviving descendant disregarded. For the purposes of subsections 2 and 3, an individual who is deceased and left no surviving descendant is disregarded, and an individual who leaves a surviving ancestor who is a descendant of the designated ancestor is not entitled to a share.