When an intestate has no parents, what is the distribution of the estate to nieces and nephews called?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

When an intestate individual has no parents, the distribution of the estate to nieces and nephews is referred to as a per stirpes distribution. This term is significant in the context of inheritance laws.

In per stirpes distribution, the estate is divided into equal shares for each branch of the family. If a deceased sibling had children, those children (the nieces and nephews) would inherit the share their parent would have received if that parent were still alive. This ensures that the descendants of each branch of the family receive an equal portion of the estate, reflecting the idea that the estate should be distributed according to familial lines.

This distribution method honors the family lineage, allowing each branch to inherit as a unit and preventing any single line from losing out on its right to the estate due to the absence of direct heirs like parents. It contrasts with other forms of distribution, which may not account for direct descendants in the same familial manner, potentially leading to unequal distributions among branches.

Understanding per stirpes is important for ensuring that inheritance reflects family relationships accurately in cases where parents are not available to inherit.

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