HARRY HUGHES, Governor

3033

Per Stirpes

FOR the purpose of clarifying that certain laws, concerning
language contained in a will or intervivos trust which
provides for distribution to certain persons by
representation or per stirpes, govern unless a contrary
intention expressly appears; and generally relating to
distribution by representation or per stirpes.

BY repealing and reenacting, with amendments,

Article - Estates and Trusts
Section 1-210.1 and 14-102
Annotated Code of Maryland
(1974 Volume and 1981 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
read(s) as follows:

Article - Estates and Trusts

1-210.1.

(a)  UNLESS A CONTRARY INTENTION EXPRESSLY APPEARS,
SUBSECTION [Subsection] (b) of this section applies to the
provisions of a will requiring that upon the occurrence of
an event, distribution shall be made by representation or
per stirpes to the issue of one specified person.

(b)  (1) On the occurrence of the event designated by
the will, the property to be distributed shall be divided
into as many equal shares as there are children of the
person whose issue are to take by representation or per
stirpes, excluding those children who were not living at the
time of the occurrence of the event and did not leave issue
who were living at the time of the occurrence of the event.

(2) Distribution of the shares shall be made as
follows:

(i) One share shall be distributed to each
child, who was living at the time of the occurrence of the
event; and

(ii) One share shall be distributed among
the issue of each child who was not living but who left
issue who were living at the time of the occurrence of the
event in the same manner distribution is to be made to the
issue of one specified person as provided by this
subsection.

(c)  UNLESS A CONTRARY INTENTION EXPRESSLY APPEARS,
SUBSECTION [Subsection] (d) of this section applies to the