Section 2–106. (a) [Representation.]
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.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Chapter 190b - Massachusetts Uniform Probate Code
Article II - Intestacy, Wills and Donative Transfers
Section 2-101 - Intestate Estate
Section 2-102 - Share of Spouse
Section 2-103 - Share of Heirs Other Than Surviving Spouse
Section 2-106 - Representation
Section 2-107 - Kindred of Half Blood
Section 2-108 - Afterborn Heirs
Section 2-110 - Debts to Decedent
Section 2-112 - Dower and Curtesy Abolished
Section 2-113 - Individuals Related to Decedent Through Two Lines
Section 2-114 - Parent and Child Relationship
Section 2-301 - Entitlement of Spouse; Premarital Will
Section 2-302 - Omitted Children
Section 2-401 - Applicable Law
Section 2-403 - Exempt Property
Section 2-404 - Discretionary Family Allowance
Section 2-405 - Source, Determination, and Documentation
Section 2-501 - Who May Make Will
Section 2-502 - Execution of Wills
Section 2-504 - Self-Proved Will
Section 2-505 - Who May Witness
Section 2-506 - Choice of Law as to Execution
Section 2-507 - Revocation by Writing or by Act
Section 2-508 - Revocation by Change of Circumstances
Section 2-509 - Revival of Revoked Will
Section 2-510 - Incorporation by Reference
Section 2-511 - Testamentary Additions to Trusts
Section 2-512 - Events of Independent Significance
Section 2-513 - Separate Writing Identifying Devise of Certain Types of Tangible Property
Section 2-514 - Contracts Concerning Succession
Section 2-515 - Deposit of Will With Court in Testator's Lifetime
Section 2-516 - Duty of Custodian of Will; Liability
Section 2-517 - Penalty Clause for Contest
Section 2-602 - Will May Pass All Property and After–acquired Property
Section 2-603 - Anti-Lapse; Deceased Devisee; Class Gifts
Section 2-604 - Failure of Testamentary Provision
Section 2-605 - Increase in Devised Securities; Accessions
Section 2-607 - Nonexoneration
Section 2-608 - Exercise of Power of Appointment
Section 2-609 - Ademption by Satisfaction
Section 2-702 - Requirement of Survival
Section 2-703 - Choice of Law as to Meaning and Effect of Donative Dispositions
Section 2-704 - Taxes on Qtips
Section 2-705 - Class Gifts Construed to Accord With Intestate Succession
Section 2-709 - Representation; per Capita at Each Generation; per Stirpes
Section 2-710 - Worthier Title Doctrine Abolished
Section 2-711 - Future Interests in ''heirs'' and Like
Section 2-801 - Disclaimer of Property Interests
Section 2-802 - Effect of Divorce, Annulment, and Decree of Separation
Section 2-901 - Statutory Rule Against Perpetuities
Section 2-902 - When Nonvested Property Interest or Power of Attorney Appointment Created
Section 2-904 - Exclusions From Statutory Rule Against Perpetuities